Lahore High Court Rules Father Cannot Escape Child Maintenance Responsibility

The Lahore High Court has delivered a landmark judgment, ruling that financial hardship or private agreements cannot absolve a father of his legal and moral responsibility to provide maintenance for his minor children.

Justice Mohsin Akhtar Kayani dismissed a petition filed by Akhtar Hussain Awan, who had challenged the decisions of the Family Court and Appellate Court regarding maintenance payments for his minor son.

The petitioner argued that a settlement agreement reached in 2007, under which he paid Rs60,000, barred any future claims for maintenance. He further contended that a fresh claim filed in 2019 was legally inadmissible and beyond the prescribed limitation period.

However, the court rejected these arguments, holding that any agreement restricting a minor child’s future right to maintenance is legally ineffective. The judgment emphasized that while parties may settle past dues, they cannot waive a child’s future entitlement to support.

Justice Kayani observed that maintenance is a continuing right that covers food, clothing, shelter, education, healthcare, and other basic necessities. Therefore, the principle of res judicata does not apply to such claims.

The court also cited Islamic teachings and relevant Quranic verses and Ahadith, stating that a father’s obligation to support his wife and minor children is both a legal and religious duty that cannot be overridden through private agreements.

The petition was dismissed, and the court directed that a copy of the judgment be sent to the Law and Justice Commission of Pakistan and the Ministry of Law and Justice for consideration of legal reforms concerning maintenance laws in light of Islamic principles.