Father can’t escape child support duties, LHC judge rules

A father cannot escape his legal, moral, and religious duty to support his minor child through private agreements, the Lahore High Court has ruled. Justice Mohsin Akhtar Kayani dismissed a petition by Akhtar Hussain Awan, who sought to avoid a maintenance claim filed by his minor son, Naseer Akhtar Awan, through his mother, Sadia Awan.

Awan had argued that a previous 2007 compromise, which included a payment of Rs60,000, settled all future claims. He contended that a subsequent 2019 maintenance suit was barred by limitation and the legal principle of res judicata, which prevents re-litigation of decided matters.

Justice Kayani rejected these arguments, stating that while accrued claims can be settled, a minor's ongoing right to maintenance during dependency cannot be permanently waived. The judge emphasized that child maintenance is a recurring cause of action, not subject to res judicata. Providing necessities like food, clothing, shelter, education, and healthcare is a father's continuous responsibility, mandated by law and Islamic injunctions.

"Under the law, every father is under a legal as well as moral obligation to maintain his wife and minor children in all respects," Justice Kayani observed. "Such obligation is neither optional nor contingent upon the will of the father, rather it is a continuing responsibility imposed by law as well as by the injunctions of Islam." He added that fathers cannot avoid this duty through private deals that harm a minor's welfare.

The court also held that Article 120 of the Limitation Act, 1908, does not apply to claims for past maintenance of a minor child or a wife during an ongoing marriage. Justice Kayani ordered the judgment be sent to the Law and Justice Commission and Ministry of Law for consideration of reforms to align limitation laws for maintenance cases with Islamic principles.

“

Under the law, every father is under a legal as well as moral obligation to maintain his wife and minor children in all respects. Such obligation is neither optional nor contingent upon the will of the father, rather it is a continuing responsibility imposed by law as well as by the injunctions of Islam.