Dawn
-
02:51 Jun 02, 2026
LAHORE: The Lahore High Court has ruled that a father cannot escape his continuing legal, moral and religious obligation to maintain his minor child through a private settlement, holding that a minor’s right to maintenance cannot be permanently waived or extinguished. Justice Mohsin Akhtar Kayani dismissed a petition filed by Akhtar Hussain Awan against concurrent judgements of family and appellate courts. Those earlier judgements allowed a maintenance claim filed by a minor, Naseer Akhtar Awan, through his mother, Sadia Awan. The petitioner argued that an earlier maintenance suit was settled through a 2007 compromise, under which Rs60,000 was paid and parties agreed not to raise future claims. He contended a subsequent 2019 suit was barred by limitation and the principles of res judicata, a legal doctrine preventing a matter from being judged twice. Justice Kayani cites Islamic teachings to invalidate any private contracts waiving child maintenance Rejecting the contention, Justice Kayani ruled that agreemen...