MUHAMMAD IMRAN BAQIR vs MST — 2026 PLD 170 SUPREME-COURT

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MUHAMMAD IMRAN BAQIR VS MST. ZARNAIN ARZOO. S. 5, Sched.---Maintenance allowance of minor---Fixation of quantum and continuity of 'nafaqah' (maintenance) of a minor following dissolution of a marriage---Obligation of father to maintain child---Father disputing the quantum of maintenance allowance---Financial incapacity of father to maintain child, plea of---Plea of financial incapacity has to be substantiated with documentary evidence---Facts in brevity were that the former wife of the petitioner filed a suit seeking recovery of dower, maintenance for herself and her minor son (respondent No. 2), and dowry articles---Trial Court decreed the suit granting her Rs. 15,000 maintenance per month till completion of her iddat, Rs. 5,000 in lieu of dower, a 6-marla house, nine tolas of gold or its value, and specified dowry articles, while awarding the minor Rs. 25,000 maintenance per month with 10% annual increase until majority---Appellate court partly modified the decree reducing former wife's quantum of maintenance allowance and revised the assessed value of the dowry articles---Petitioner's subsequent Constitutional petition before the High Court was dismissed leading to the present civil petition for leave to appeal under Article 185(3) of the Constitution, primarily challenging the quantum of maintenance awarded to the minor---Held: Petitioner disputed the quantum of maintenance fixed by the courts below by asserting that he had returned from abroad and was earning only Rs. 100,000/- per month and remarried and was supporting another family---However, no documentary evidence was brought on record, such as a salary slip or income statement to substantiate this claim---It was established that the petitioner was a well-qualified individual who possessed the earning capacity to maintain the minor at the amount fixed by the courts below---Therefore, depriving the minor of the maintenance already awarded was deemed not to be in the best interest of justice---Amount of maintenance determined by the courts below was neither excessive nor beyond the petitioner's financial capacity---No case was made out for interference with the concurrent findings of the all three courts below---Petition was dismissed and leave declined, in circumstances.

MUHAMMAD IMRAN BAQIR vs MST — 2026 PLD 170 SUPREME-COURT

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