LAHORE: The Lahore High Court has ruled that the financial responsibility for children born out of rape or wedlock must be borne by the biological father.
In a 15-page written verdict, Justice Ahmad Nadeem Arshad stated that if a woman can prove a man’s biological parentage in court, the trial court must direct him to cover the child’s financial expenses. The ruling came in response to a petition filed by Muhammad Afzal. The case, concerning the maintenance of a five-year-old girl, has been remanded to the trial court with instructions to reassess the decision based on the presented evidence.
The court emphasized that once paternity is established, the father is legally and morally obligated to support the child. Justice Arshad underscored the principle of justice and fairness, stating that a biological father cannot evade financial responsibility for an illegitimate child.
Case Background
Court records indicate that the petitioner, Muhammad Afzal, allegedly raped a woman, Maryam, in 2020. Following the assault, Maryam gave birth to a daughter and later filed a claim for financial support from the child’s biological father.
In the trial court, Afzal denied paternity and argued against being held responsible for child maintenance. However, the court ruled in favor of the mother, ordering him to pay Rs3,000 per month in child support. Afzal challenged this decision in the Lahore High Court.
The High Court acknowledged the complexity of the case, distinguishing between a “legitimate” child (born within a legal marriage) and a “biological” child (born outside wedlock). Under Islamic law, courts can order interim maintenance for legitimate children, but cases involving alleged biological children require legal proof of paternity before assigning financial responsibility.
The court clarified that proving parentage is the mother’s responsibility and that Islamic law provides various methods to establish lineage. Without confirming paternity, assigning financial obligations would lack legal clarity.
All involved parties have been directed to appear before the trial court for further proceedings.
