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Supreme Court will not usually disturb the amount of child maintenance fixed by the courts below

Mst. Shaheen Nawaz v. Raheel Khan and another Supreme Court of Pakistan C.P.L.A. No. 316-K of 2026 Unreported Decided Justice Irfan Saadat Khan (author) and Justice Aqeel Ahmed Abbasi (Karachi)

Judgment at a glance

Legal issue
Can the Supreme Court raise a child's maintenance where the appellate court and the High Court have both fixed the amount after assessing the father's means?
Decision
No, not on these facts. The mother sought Rs. 40,000 a month for the minor. The trial court fixed Rs. 15,000 with a 10% annual increase; the appellate court raised it to Rs. 30,000 with a 15% annual increase, and the High Court upheld that. The mother argued that the father was a manager at a textile company in Bangladesh with a substantial salary. The Supreme Court noted that the amount had been fixed after assessing his financial status, earning capacity and resources, as well as his duty to maintain two other children from his first wife. These were findings of fact. Superior courts usually do not reassess the amount where it rests on a realistic view of the father's earning capacity, socio-economic position and the minor's genuine needs; they interfere only if it is manifestly arbitrary, excessive or grossly inadequate. Following Muhammad Imran Baqir v. Mst. Zarnain Arzoo (PLD 2026 SC 170), and finding no perversity or jurisdictional defect, the Court refused leave and dismissed the petition.
Key principle
Child maintenance depends on the child's reasonable needs and the father's earning capacity, status and other financial liabilities; concurrent findings on the amount stand unless shown to be manifestly arbitrary, excessive or grossly inadequate.
Outcome
Dismissed
Relevant law
Constitution of Pakistan 1973, Art. 185(3)
Why it matters
  • The time to prove a father's income is at trial; it is much harder to change the amount later.
  • Courts can take into account a father's duty to support other children.
  • A challenge to the amount in the Supreme Court needs more than a claim that it is too low.

Cite as: Mst. Shaheen Nawaz v. Raheel Khan and another, Supreme Court of Pakistan, C.P.L.A. No. 316-K of 2026, decided 30 July 2026

Case details

Case
Mst. Shaheen Nawaz v. Raheel Khan and another
Bench
Justice Irfan Saadat Khan (author) and Justice Aqeel Ahmed Abbasi (Karachi)
Date of decision
Case number
C.P.L.A. No. 316-K of 2026
Citation
None known (unreported)
Outcome
Dismissed
Statutes considered
Constitution of Pakistan 1973, Art. 185(3)

Sources

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How this summary was made
Summary from the full judgment
Official text read on
Note on the text
Family Suit No. 3753 of 2021 was partly decreed on 2 December 2024, and the appellate court ruled on 3 April 2025. The High Court of Sindh at Karachi passed its consolidated judgment on 26 November 2025 and a later order on 4 May 2026. The order gives the date of hearing as 30 July 2026 but is dated 27 July 2026 at its foot; the date shown is the date of hearing. Its heading gives the High Court petition as C.P. No. S-378 of 2024 and its text as C.P. No. S-378 of 2025. Short summary checked against the order.
Cite this summary
PK-Legal & Associates, "Supreme Court will not usually disturb the amount of child maintenance fixed by the courts below", summary of Mst. Shaheen Nawaz v. Raheel Khan and another, Supreme Court of Pakistan, C.P.L.A. No. 316-K of 2026, decided 30 July 2026, https://pklegal.org/judgments/sc-2026-316k-maintenance-quantum-concurrent/ (reviewed 6 November 2026).