Supreme Court Upholds Bait-ul-Mal Support for Two Hindu Girls

ISLAMABAD: The Supreme Court has upheld financial assistance for two minor Hindu girls through Pakistan Bait-ul-Mal, rejecting the welfare institution's challenge to an earlier Sindh High Court order. The ruling leaves intact a direction requiring Bait-ul-Mal to register the two children as beneficiaries and provide monthly maintenance of Rs10,000 to each, with a 10 per cent annual increase until their marriage.

The matter was heard by a three-member Supreme Court bench headed by Chief Justice of Pakistan Yahya Afridi and including Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb. The case reached the country's highest court after Pakistan Bait-ul-Mal challenged a December 2022 decision of the Sindh High Court's Larkana Circuit Court concerning financial support for the minors.

The dispute originated after the children's father, Ravi Kumar, died in 2017. Their mother, Shrimati Reeta, who did not have an independent source of income, sought maintenance for her daughters from their paternal grandfather, Ram Raj. The grandfather was himself described in the proceedings as elderly, without a regular income and living in a charitable shelter, creating a situation in which the family lacked an obvious source of financial support.

A family court had initially ordered the grandfather to pay Rs3,000 per month for each child, with an annual increase. After that decision was maintained on appeal, the matter went before the Sindh High Court. While the high court found that the grandfather was not personally liable for the children's maintenance under the applicable family law, it directed Pakistan Bait-ul-Mal to step in and provide regular financial assistance.

The Supreme Court maintained the relief for the two girls while also setting out guidance for similar cases in the future. The judgement said courts encountering people whose circumstances may justify state welfare assistance can refer their cases to Pakistan Bait-ul-Mal. The institution can then assess applicants under its own policies and eligibility requirements and determine what level of support should be provided.

Chief Justice Afridi observed that resolving the immediate legal dispute before a court may not always resolve the hardship faced by the people involved. The judgement noted the difficult circumstances of the children's mother and grandfather and also considered the vulnerability faced by members of religious minorities who may experience additional social and economic hardship. The court's reasoning placed the welfare needs of the children within the broader responsibility of state institutions established to assist deserving citizens.

The decision is significant because it preserves direct assistance for the two minors while clarifying how courts and Pakistan Bait-ul-Mal can interact in future welfare-related cases. Bait-ul-Mal is expected to comply with the existing order concerning the two girls, while future applicants referred by courts will remain subject to the institution's applicable assessment procedures and eligibility criteria.