The Maintenance must be Interpreted Broadly, including Medical and Educational needs --- Supreme Court of Pakistan

Islamabad 28-02-2025: The Supreme Court of Pakistan has delivered a significant judgment in Muhammad Irfan Vs. Additional District Judge, Ferozwala & Others [CPLA No. 3179-L of 2023], reaffirming that medical expenses form an essential part of maintenance under Islamic family law.   

A three-member bench, comprising Mr. Chief Justice Yahya Afridi, Mr. Justice Muhammad Shafi Siddiqui, and Mr. Justice Miangul Hassan Aurangzeb, dismissed the Petitioner’s argument that medical expenses do not fall under the legal definition of maintenance.   

The case originated when the respondent (wife) and her minor son filed a suit for maintenance, dowry articles, and dissolution of marriage. The Family Court granted maintenance, including:   

1. Rs. 10,000 per month for the wife (until the Iddat period).  
2. Rs. 12,000 per month for the minor son.  
3. Rs. 500,000 in lieu of dowry articles.  
4. Rs. 25,000 for delivery expenses.  
5. Rs. 100,000 for medical treatment of the minor son.   

Upon appeal, the Lahore High Court enhanced maintenance for the minor from Rs. 12,000 to Rs. 20,000 per month and increased medical expenses to Rs. 200,000. The Petitioner challenged this before the Supreme Court of Pakistan, arguing that medical treatment does not qualify as maintenance.  

Rejecting the Petitioner’s argument, the Supreme Court of Pakistan ruled that maintenance is not limited to food, clothing, and shelter but also includes medical expenses.   

Citing Qudrat Ullah Vs. Additional District Judge, Renala Khurd (PLD 2024 SC 581), the Court held that a husband is responsible for the medical well-being of his wife and children.  

Referencing Humayun Hassan Vs. Arslan Humayun (PLD 2013 SC 557), the Court reiterated that maintenance must be interpreted broadly, including medical and educational needs.  

The Court cited Haseen Ullah Vs. Mst. Naheed Begum (PLD 2022 SC 686), emphasizing that a husband’s duty to provide maintenance is a fundamental obligation under Islamic law (Surah An-Nisa 4:34).  

Maintenance must be determined on a case-by-case basis, taking into account social status, financial capacity, and the child’s well-being.  

The petition was dismissed, and leave to appeal was refused, reaffirming the Lahore High Court’s ruling.

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