Islamabad: Supreme Court (SC) has maintained reasonable requirements of child, financial position of father, income and social status will be kept in view while determining the Naan Nafqa of child.
Interference can be made in the amount fixed by subordinate courts as Nan Nafqa only when the decision is clearly arbitrary, illogical or against the law.
As per media report, a two members bench of SC comprising justice Irfan Saadat Khan and Justice Aqeel Ahmad Abbasi upheld Sindh High Court (SHC) decision while rejecting Ms Shaheen Nawaz petition seeking leave to appeal.
The petitioner took the plea that father of child is manager in a textile company in Bangladesh and receives handsome salary. Therefore, naan nafqa of child be fixed Rs 40000 per month.
SC remarked in detailed decision district judge had fixed naan and nafqa child Rs 30000 per month after appeal in the family court decision. Order also given to increase this naan nafqa by 15 percent every year. SHC too had upheld this decision.
The court remarked record reflects appellate court and high court fixed the naan nafqa after taking detailed review of income of father, financial sources and other responsibilities of maintenance.
The court also noted that father is responsible for the financial support and maintenance of two children from first marriage.
Citing to recent decision of SC in Muhammad Imran Baqir versus Ms Zarneen Arzoo case PLD-2026 SC 170, court said providing support and maintenance to his children is legal and moral responsibility of father. However the naan nafqa is determined according to the requirements of child and financial position of father.
The SC maintained the petitioner could not prove any legal flaw, wrong review of evidence or misuse of powers. Therefore, there is no room left for interference under article 185 (3) of the constitution.
The court while rejecting petition leave to appeal upheld SHC decision.