The Lahore High Court (LHC) has ruled that a father must continue paying maintenance to his minor child even if a family case is reopened for fresh proceedings.
The court upheld a conditional remand order, reinforcing that financial support for a child cannot be suspended during ongoing litigation.
Justice Raheel Kamran dismissed a petition challenging an appellate court’s decision that had set aside earlier ex parte decrees and ordered a retrial.
The appellate court had made the retrial conditional on the petitioner paying past and future maintenance.
The case stems from a 2022 lawsuit filed by a woman seeking financial support for herself and her minor daughter.
A family court had earlier granted Rs6,000 per month each to the mother and child, which was later increased to Rs10,000 with an annual increment for the child.
The petitioner argued that he had divorced his wife and should not be required to pay maintenance, claiming the amount was excessive.
However, the LHC rejected these arguments, drawing a clear distinction between the rights of the wife and the child.
The court emphasized that a father’s obligation to support his minor child is “absolute and continuous,” regardless of the legal status of the case.
It noted that a child’s basic needs, including food, education, and healthcare, must be met at all times.
The ruling underscores the judiciary’s stance on protecting children’s rights and ensuring uninterrupted financial support during family disputes.
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