Rabia Mustafa
A case reached the Supreme Court of Pakistan as a civil petition for leave to appeal. This litigation journey began on 14th November 2017, when the daughters of the petitioner filed a suit against their father for the recovery of maintenance.
Initially, the Family Court ruled in their favour with a decree ordering a monthly maintenance payment of Rs. 30,000 for each daughter. Dissatisfied with the amount, the daughters filed an appeal. In 2020, the appellate court enhanced the maintenance to Rs. 150,000 per month for each child, also including educational expenses. The petitioner challenged this decision in the Lahore High Court, which dismissed his plea in 2021. Still dissatisfied, the petitioner reached the Supreme Court, seeking relief from the enhanced maintenance burden.
Supreme Court’s Reflection on Emphasizing Mediation Over Litigation
Justice Miangul Hassan Aurangzeb, delivering the order of the Supreme Court on 6th May 2025, highlighted a key concern: the lack of mediation in resolving family disputes. The Supreme Court of Pakistan outlines the prolonged litigation journey between the petitioner, a father, and the respondents, his daughters. The Court emphasises that the dispute passed through various judicial tiers over more than seven years, consuming considerable time and judicial resources.
The Court noted with concern that:
“It is a matter of regret that such an issue between a father and his daughters could not be amicably resolved and has been allowed to fester into full-blown adversarial litigation…”
Unlike court-imposed decisions, mediation empowers parties to craft their own outcomes, guided by a neutral facilitator. The Court describes mediation as a process grounded in collaboration, confidentiality, and party autonomy. This approach is non-adversarial and focuses on mutual understanding rather than confrontation. The Court’s language here signals a philosophical endorsement of mediation, framing it as a more humane, efficient, and effective method of resolving disputes, particularly where personal relationships and emotions are involved.
The Court observed:
“The adversarial legal system is inherently ill-suited to address disputes rooted in relationships and emotion.”
The Supreme Court recommended that the parties revisit mediation, suggesting that the legal system should create avenues to encourage and institutionalise it more robustly, particularly in family law cases.
Why is Mediation Necessary?
Judicial Statistics of Pakistan 2023, published by the Law & Justice Commission of Pakistan, provides detailed data on judicial performance from all provinces and territories of Pakistan. Let’s analyse Islamabad as a representative example to illustrate how family disputes are accumulating in the courts. In 2023, the District Judiciary of Islamabad Capital Territory (ICT) handled a total of 5,892 newly instituted family cases. At the beginning of the year, there were 2,446 pending cases, and by the end of the year, the pending caseload had risen to 3,160, indicating a net increase of 714 cases, or approximately 29.2%. Across ICT, a total of 5,178 cases were disposed of during the year, which fell short of the number of new cases instituted, resulting in an overall backlog. This highlights a systemic challenge in addressing the growing number of family disputes.
The above-mentioned example of Islamabad illustrates how family disputes are increasing in the courts and creating a backlog each year. This example emphasises the growing need for alternative dispute resolution mechanisms, such as mediation, to reduce the burden on the judiciary and offer faster, more amicable outcomes for families in conflict.
A Call for Reform and Reflection
This case not only resolves a financial dispute but also signals a judicial shift toward restorative and reconciliatory justice. The Supreme Court’s judgement is a timely reminder that while courts can pass decrees, healing fractured relationships requires compassion and dialogue, elements best fostered through mediation.
The legal community and policymakers are now urged to take heed of this judgement and consider embedding structured mediation frameworks within family court procedures to avoid the emotional and financial costs of prolonged litigation.
The writer is a Senior Research Fellow at the School for Law and Development.
