The Lahore High Court (LHC) has ruled that a father cannot avoid his ongoing legal, moral, and religious duty to support a minor child through a private settlement.
The court held that a child’s right to maintenance remains enforceable throughout the period of dependency and cannot be permanently waived.
Justice Mohsin Akhtar Kayani dismissed a petition filed by Akhtar Hussain Awan, who challenged lower court decisions granting maintenance to his minor son, Naseer Akhtar Awan, through his mother, Sadia Awan.
The petitioner argued that a 2007 compromise settlement, under which he paid Rs60,000, barred any future maintenance claims.
He also contended that a fresh suit filed in 2019 was inadmissible under limitation laws and the principle of res judicata.
Rejecting these arguments, Justice Kayani ruled that while past maintenance claims may be settled, a minor’s future right to maintenance cannot be waived through private agreements. The court emphasized that maintenance is a recurring obligation and constitutes a continuing cause of action.
The judgment reaffirmed that a father is responsible for providing food, clothing, shelter, education, healthcare, and other necessities for his minor children.
Citing Islamic teachings, the judge stated that this obligation is both a legal requirement and a religious duty that cannot be set aside by agreements detrimental to a child’s welfare.
The court also held that Article 120 of the Limitation Act, 1908, does not apply to claims for past maintenance by a minor child or a wife during a subsisting marriage.
Justice Kayani dismissed the petition and directed that the judgment be sent to the Law and Justice Commission and the Ministry of Law for consideration of reforms to maintenance-related limitation laws in line with Islamic principles.
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