The Lahore High Court (LHC) has ruled that financial hardship cannot absolve a father of his responsibility to provide maintenance for his minor child, holding that the obligation is enforceable under legal, moral and religious principles.
Court's Detailed Judgment
In a detailed 15-page judgment, Justice Mohsin Akhtar Kayani observed that a father’s duty to support his minor child is a continuing responsibility that cannot be extinguished on the basis of financial constraints. The court said the obligation is not only legal in nature but also grounded in moral and religious teachings.
The judgment held that a minor child’s right to maintenance cannot be waived through private agreements or settlements, adding that any arrangement attempting to compromise such rights is not legally sustainable.
Unpaid Maintenance as Enforceable Debt
It further ruled that unpaid maintenance amounts constitute an enforceable debt against the father and do not lapse with the passage of time. The court referred to Islamic injunctions, including verses from the Holy Qur’an — Surah Al-Baqarah and Surah At-Talaq — as well as relevant teachings from the Sunnah in support of its findings.
The court noted that the child in the case, Naseer Akhtar Awan, was living with a disability at the time of the settlement agreement, and therefore his rights could not be relinquished through any private arrangement. Upholding the decisions of the family court and appellate court, the LHC dismissed the father’s petition challenging the maintenance claim.
Recommendation for Fresh Legislation
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 forwarded to the Law and Justice Commission and the Ministry of Law and Justice.
The petitioner, Akhtar Hussain Awan, had argued that a 2005 settlement had already fixed lifelong maintenance obligations and that recovery of arrears beyond six years was barred under the law. He had also sought action against the child’s mother for allegedly breaching the agreement. However, the court rejected these arguments, reaffirming the legal protection available to minor children in matters relating to maintenance and financial support.
