ISLAMABAD – In a landmark judgment, the Supreme Court of Pakistan has ruled that a divorced daughter is entitled to receive her deceased father’s pension as a legal right, not as charity or dependent on marital status.
Justice Ayesha Malik authored the 10-page verdict, in which the court nullified a 2022 circular issued by the Sindh government that denied pension rights to daughters based on their marital status. The court declared the circular discriminatory and unconstitutional.
The judgment emphasized that pensions are a legal entitlement, not a form of aid or benevolence. The court stated, “Pension is a constitutional and statutory right of a government employee’s family, and any delay in granting it amounts to wrongdoing.”
Importantly, the court clarified that a daughter’s eligibility for pension must be determined on the basis of financial need and legal entitlement, rather than her marital status. It added that whether the divorce occurred before or after the father’s death is irrelevant to the right of pension.
Striking down the provincial government’s stance, the court ruled that conditioning a daughter’s pension on her marital status violates Articles 9, 14, 25, and 27 of the Constitution, which ensure the rights to life, dignity, equality, and non-discrimination.
The verdict also expressed concern over Pakistan’s low global ranking in gender equality, calling it a troubling reality that must be addressed through legal reform and institutional responsibility.
The case was initiated after the Sindh High Court restored the pension of a woman named Fatima, who had been denied her deceased father’s pension by the Sindh government.
The provincial authorities challenged the decision in the Supreme Court, which ultimately dismissed the appeal and upheld Fatima’s pension rights.
