Supreme Court Declines Fact-Finding in Maintenance Disputes

Chief Justice Emphasizes Focus on Legal Breaches, Not Factual Squabbles

The Supreme Court of Pakistan will not adjudicate factual disputes, including those concerning maintenance payments, Chief Justice **Yahya Afridi** stated Monday. The apex court’s role is strictly limited to addressing violations of law.

Family Courts Should Handle Factual Disputes

Speaking at the Supreme Court’s Karachi registry, **Chief Justice Afridi** clarified the court’s mandate. He stressed that detailed examinations of evidence, particularly in maintenance (nafqah) cases, are the purview of family courts, not the Supreme Court. He added that even high courts should avoid getting bogged down in such granular matters.

“Fact-finding is not the role of this court. We are here to examine only breaches of law.”

—Chief Justice Yahya Afridi

Allegations of Non-Payment Raised

During the hearing, which involved several appeals related to maintenance payments, a petitioner’s counsel asserted his client’s readiness to provide financial support following a separation. However, **Chief Justice Afridi** highlighted a three-year period of no payments since 2022.

“You haven’t given a single rupee to your children in three years.”

—Justice Yahya Afridi

Justice **Shafi Siddiqui**, also part of the bench, concurred, noting that the arguments presented necessitated a deep dive into case records, a task better suited for lower judicial tiers.

In Pakistan, family courts often handle complex maintenance disputes, which can involve detailed financial disclosures and evidence of income, impacting millions of families annually. For example, data from the Citizens-Police Liaison Committee (CPLC) for 2023 indicated a significant number of family law cases processed, many of which likely involved maintenance claims (CPLC Annual Reports).