LAHORE (Dunya News) - The Lahore High Court has ruled that financial hardship cannot absolve a father of his responsibility to provide maintenance for his minor child, declaring that the obligation remains enforceable under legal, moral and religious principles.
In a detailed 15-page judgment, Justice Mohsin Akhtar Kayani observed that a father's duty to support his minor child is a continuing obligation that cannot be extinguished due to financial constraints. The court held that the responsibility is not only a legal requirement but also carries moral and religious significance.
The judgment stated that a minor child's right to maintenance cannot be waived through a private agreement or settlement. According to the court, any arrangement seeking to compromise or eliminate such rights is not legally sustainable.
The court further ruled that unpaid maintenance constitutes an enforceable debt against the father and does not lapse merely with the passage of time. The judgment cited provisions from the Holy Quran, including Surah Al-Baqarah and Surah At-Talaq, as well as relevant teachings from the Sunnah.
The court observed that the child involved in the case, Naseer Akhtar Awan, was living with a disability at the time a settlement agreement was executed, and therefore his legal rights could not be negotiated away through any private arrangement.
Upholding the decisions of the family court and appellate court, the Lahore High Court dismissed the father's petition challenging the maintenance claim.
The court also recommended fresh legislation regarding the recovery of past maintenance in light of Islamic legal principles and directed that a copy of the judgment be sent to the Law and Justice Commission and the Ministry of Law and Justice.
The petitioner, Akhtar Hussain Awan, had argued that a settlement agreement reached in 2005 had already determined lifelong maintenance obligations. He further contended that past maintenance beyond six years could not be recovered under the law and sought penalties against the child's mother for allegedly violating the agreement.
However, the court rejected these arguments and reaffirmed the legal protections available to minor children in matters relating to maintenance and financial support.