The Lahore High Court (LHC) recently delivered a landmark judgment affirming that a father cannot evade his legal, moral, and religious responsibilities to provide maintenance for his minor children through any private settlement agreement. Senior legal expert Alia Zari Abbasi provided an in-depth analysis of Justice Jawad Hassan Kayani’s ruling during a morning television show.
The case originated when Sadia Awan, representing her minor son Naseer Akhtar Awan, filed a maintenance petition citing the increasing difficulty in meeting the child’s financial needs without support from the father, Akhtar Hussain Awan. This petition came after earlier family and appellate court orders directing the father to pay maintenance.
Akhtar Hussain Awan contested these rulings, claiming that the issue had been resolved by a private settlement made in 2005. Under this agreement, he paid a lump sum of Rs60,000, and the mother consented not to pursue further maintenance claims. Additionally, he argued that the fresh petition filed in 2019 was barred by limitation laws and the principle of res judicata, which prevents courts from revisiting settled disputes.
However, Justice Kayani rejected these defenses in a comprehensive 15-page verdict, emphasizing that a child’s right to maintenance is fundamental and cannot be waived by parental agreements. The court clarified that such private arrangements do not absolve a parent of the ongoing legal obligation to support their child.
The judgment further explained that child maintenance is a recurring duty, with each instance of non-payment constituting a new cause for legal action. Consequently, the principle of res judicata does not apply in cases involving minor children’s maintenance claims. Moreover, limitation laws, including Article 120 of the Limitation Act, 1908, do not bar maintenance petitions filed on behalf of minors or by a wife during an ongoing marriage.
Highlighting the father’s responsibilities, the court underscored that these extend beyond legal requirements to encompass moral and religious duties. Maintenance includes essential needs such as food, clothing, shelter, education, healthcare, and overall wellbeing. The judgment referenced Islamic teachings from Surah At-Talaq and Surah Al-Baqarah to reinforce the continuing obligation of fathers to support their children, emphasizing that private agreements cannot compromise a minor’s welfare.
In a significant development, the court directed that a copy of this judgment be forwarded to the Law and Justice Commission of Pakistan and the Ministry of Law and Justice. This step aims to prompt reforms in the Limitation Act, aligning it with Islamic principles governing maintenance claims.
