ISLAMABAD: The Lahore High Court ruled that a father cannot escape his legal, moral, and religious duty to maintain his minor child. It also held that parents cannot waive a child’s right to maintenance through private agreements.
Justice Mohsin Akhtar Kayani dismissed a petition filed by Akhtar Hussain Awan. He challenged earlier decisions of family and appellate courts. Those courts had already allowed a maintenance claim for minor Naseer Akhtar Awan, filed through his mother, Sadia Awan.
The petitioner said the case had already settled in 2007. He claimed both sides agreed to end future claims after a payment of Rs60,000.
He also argued that a 2019 case could not proceed. He said it was barred by limitation and res judicata, which stops courts from deciding the same issue twice.
Court rejects private settlement argument
However, the court rejected these arguments. Justice Kayani said a child’s right to maintenance continues during dependency. He said no agreement can cancel this right.
The court explained that parents may settle past dues. However, they cannot block future maintenance claims for a minor child.
It further ruled that child maintenance creates a continuing cause of action. Therefore, res judicata does not apply in such cases.
The judge stressed that a father must provide food, shelter, clothing, education, and healthcare. He said this duty remains continuous under law and Islamic principles.
Justice Kayani also noted that legal obligations cannot depend on a father’s choice. Instead, the law and Islamic injunctions both enforce this responsibility.
He added that limitation laws do not bar such claims. Finally, the court sent the judgment to the Law and Justice Commission for possible reforms.
