Supreme Court Issues Historic Verdict Granting Pension Rights to Divorced Daughters
In a significant ruling, the Supreme Court of Pakistan has affirmed that a divorced daughter is entitled to receive her late father’s pension, regardless of whether the divorce occurred before or after his death.
Authored by Justice Ayesha Malik, the 10-page verdict clarified that pension is a rightful entitlement, not an act of charity, and should be granted based on legal rights rather than marital status.
The judgment stressed that a woman’s eligibility for pension should not depend on her financial condition or whether she is married, but on the principles of equality and entitlement under the law.
The Supreme Court of Pakistan struck down the 2022 circular issued by the Sindh government that denied pension to daughters divorced after their father’s death.
The apex court called the circular discriminatory, unconstitutional, and a violation of fundamental rights under Articles 9, 14, 25, and 27 of the Constitution.
The judgement noted with concern that Pakistan ranks 148 out of 148 countries on the Global Gender Gap Index and stated that continued denial of rights to women.
The case was brought by a divorced woman who had requested reinstatement of her late father’s pension.
Her plea was accepted by the Larkana Bench of the Sindh High Court, which ordered resumption of her pension.
The Sindh government challenged the decision in the Supreme Court of Pakistan, arguing that pension eligibility applies only to daughters divorced prior to the father’s death.
The Supreme Court rejected the Sindh government’s appeal and upheld the High Court’s ruling, reiterating that pension is a constitutional and legal right, and any delay in its disbursement is a punishable offence.
The court further remarked that circulars cannot override or reinterpret the law, and that treating women as financially dependent by default contradicts constitutional principles of equality and dignity.
