Law: Constitution of Pakistan, 1973

Section: 185(3)

Summary:

This Civil Petition for Leave to Appeal (CPLA) under Article 185(3) of the Constitution of Pakistan challenges the dismissal by the Lahore High Court, Multan Bench, of a constitution petition concerning maintenance and dower claims by Mst. Zarnain Arzoo from her former husband. The trial court awarded maintenance to the petitioner’s minor son at Rs. 25,000 per month with a 10% annual increase until majority, Rs. 15,000 maintenance to respondent No.1 (the mother) during the iddat period, dower amount, and dowry articles. The appellate court reduced maintenance awarded to the mother and revised dower valuation but maintained maintenance to the minor son. The High Court dismissed the petitioner’s constitutional petition, and the Supreme Court declined interference, affirming the maintenance award to the minor son.

Core points:

Obligation of maintenance (nafaqah) for a child survives dissolution of marriage and is the father's continuing duty until the son attains puberty or majority (if incapacitated), or daughter's marriage.

Maintenance includes all reasonable expenses for physical, mental, and emotional development—food, clothing, lodging, education, healthcare, and welfare consistent with the family’s social status.