LAHORE: Justice Mohsin Akhtar Kayani of Lahore High Court (LHC) has ruled financial hardship cannot absolve a father of his obligation to provide maintenance for his child.
In a 15-page judgment, the court held a father’s duty to support his minor child is a continuing divine obligation.
The court observed under the injunctions of Quran and Sunnah, a father cannot be relieved of this responsibility. The right of a minor child to maintenance cannot be waived through any private agreement or settlement. Maintenance is not only a legal obligation but also a moral and religious duty of the father, it said.
The judgment further stated unpaid maintenance constitutes an enforceable debt against the father and does not lapse with the passage of time. References to Surah Al-Baqarah, Surah Al-Talaq, and Hadith were included in the decision.
The court noted at the time of settlement, the minor, Naseer Akhtar Awan, was living with a disability and his rights could not be bargained away. The court recommended new legislation, based on Islamic principles, regarding claims for past maintenance.
Upholding the decisions of Family Court and Appellate Court, the court dismissed the father’s petition.
In his petition challenging maintenance claim, child’s father, Akhtar Hussain Awan, argued a settlement reached in 2005 had already fixed the child’s lifetime maintenance expenses. He contended under the law, maintenance arrears older than six years could not be recovered.
He maintained the child’s mother should be fined Rs10 million for allegedly violating the settlement agreement.
