In Pakistan, the law does recognize “medical treatment” as a component of maintenance, especially when considering the welfare and needs of individuals, particularly wives and children.
Several legal provisions and judgments support the inclusion of medical expenses within the scope of maintenance:
- Interpretation of Maintenance:
- The term “maintenance” is broadly interpreted to include essential needs, and medical expenses are considered a crucial aspect of ensuring a person’s well-being. This aligns with the general principles of Islamic law and the constitutional rights to life and dignity.
- In Karam Din v. Mst. Zohra Begum, 1991 CLC 298, the Lahore High Court explicitly stated that a husband is obliged to look after the health of his wife and pay for her medical expenses, reinforcing that maintenance encompasses healthcare costs.
- Specific Statutes:
- The Newspaper Employees (Conditions of Service) Act, 1973, Section 8, ensures that newspaper employees and their dependents are entitled to medical care at the cost of the newspaper establishment. This includes treatment by medical practitioners, specialists, essential pharmaceutical supplies, and hospitalization.
- The Employees’ Social Insurance Ordinance, 1962, Section 46, also includes medical care, defining it as general practitioner care, specialist care, essential pharmaceutical supplies, hospitalization, and prenatal/post-natal care.
- The Provincial Employees Social Security Ordinance, 1965, Section 38, secures medical care for secured persons and their dependents, including pre-natal, confinement, and post-natal medical care for secured women.
- Lawyers Welfare and Protection Act, 2023, Section 11, stipulates that advocates, their spouses, dependent children, and parents are entitled to medical treatment at par with gazetted government officers in government and semi-government hospitals.
- The Cantonments Ordinance, 2002, Section 134, enables Cantonment Administrations to provide medical aid and relief, including first aid centers, mobile medical aid units, and grants to medical relief institutions.
- The Khyber Pakhtunkhwa Employees Social Security Act, 2021, Section 46, also defines medical care to include general practitioner care, specialist care, essential pharmaceutical supplies and hospitalization.
- Judicial Interpretations:
- In Muhammad Ashraf v. Mst. Nusrat Bibi and others, 2010 CLC 1411, the Lahore High Court addressed a case involving the maintenance and medical expenses of a minor child with a cardiac problem, emphasizing the financial responsibility of parents to provide for their children’s medical needs.
- Mst. BALQEES FATIMA and another Versus Malik JAVAID BAZ KHAN and 2 others, 2006 YLR 1264, reinforces considering the husband’s financial capacity when determining maintenance, implying that adequate maintenance should cover medical needs.
- Mariam Bibi and others versus Azhar Iqbal and others, PLD 2022 Lahore 840, emphasizes adherence to procedural laws and thorough investigation of the defendant’s financial status to ensure fair maintenance allowances, indirectly supporting the inclusion of medical needs in maintenance considerations.
- Constitutional Rights:
- The judgements such as KASHIF MAHMOOD Versus ADDITIONAL DISTRICT JUDGE and others, 2022 M L D 1762, highlight that the entitlement to maintenance is a right recognized by law and religion and is integral to the rights to life and dignity, as enshrined in Articles 9 and 14 of the Constitution of the Islamic Republic of Pakistan, 1973.
Conclusion:
Pakistani law does recognize medical treatment as an integral part of maintenance. Various statutes and court decisions emphasize the necessity of including medical expenses to ensure the well-being and dignity of individuals, particularly wives and children. These provisions aim to provide comprehensive support, covering routine healthcare, specialized treatments, and emergency medical needs.