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Payment of maintenance must regardless of divorce, observes CJP

Published on: November 5, 2025 1:34 AM

The Supreme Court on Tuesday dismissed a petition filed by a husband, Aftab Iqbal, seeking relief in a case pertaining to non-payment of maintenance, and ordered him to immediately pay the due amount to his wife.

A two-member bench headed by Chief Justice of Pakistan Justice Yahya Afridi heard the case. During the proceedings, the Chief Justice remarked that when the payment is clearly stipulated in the marriage contract, there is no justification for delaying it.

Counsel for the petitioner argued that his client had not yet divorced his wife. Responding to this, the Chief Justice said that the matter of divorce is separate and that payment of maintenance is mandatory in any case.

Chief Justice Afridi further observed that the decree in this case was issued in 2013, and the court must consider the plight of the affected woman.

Upholding the decision of the Peshawar High Court, the Supreme Court directed Aftab Iqbal to immediately pay the woman 20 tolas of gold and Rs. 200,000 in cash.

Separately,the Supreme Court on Tuesday adjourned the hearing of the Khyber Pakhtunkhwa stone-crushing case until November 11.

A constitutional bench headed by Justice Amin-ud-Din conducted the proceedings and reviewed the compliance report submitted in light of the Court’s order dated July 11, 2024, regarding stone-crushing plants in Khyber Pakhtunkhwa.

During the hearing, the Additional Advocate General informed the Court that there are a total of 903 crushing plants in the province, of which monitoring of 879 plants has been completed. According to the report, 230 plants are currently closed, while the Environmental Protection Agency (EPA) has issued various directions to 719 plants for different violations. Additionally, 37 plants have been served show-cause notices.

Justice Jamal Mandokhail remarked that the Court’s objective is not to shut down crushing plants but to protect the environment. Justice Shakeel Ahmed observed that the main case pertains to a challenge against the rules.

The Additional Advocate General stated that although the Supreme Court’s decision applied to the entire country, compliance is being ensured only in Khyber Pakhtunkhwa.

Justice Amin-ud-Din noted that the judges from the original case are not part of the current bench. Meanwhile, counsel for the crushing plant owners argued that some plants have been closed since 2024, and owners have spent over Rs. 10 million on environmental compliance. He requested an early hearing of the case. The Court then adjourned further proceedings until next Tuesday (November 11).

Filed Under: Pakistan Tagged With: maintenance, observes CJP, payment, regardless, Supreme Court

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