LHC rules child support cannot be waived by parents

LHC rules child support cannot be waived by parents

LAHORE: The Lahore High Court (LHC) has ruled that parents cannot reduce or waive a minor child’s maintenance through a mutual agreement, declaring that the child’s right to financial support cannot be compromised through a settlement between the parents.

Justice Usman Ghani Rashed Cheema issued a six-page order while deciding a petition filed on behalf of a minor girl. The court set aside a decision under which the parents had mutually agreed to fix the child’s monthly maintenance at Rs30,000.

The court observed that while parents are free to settle disputes between themselves, they cannot enter into an agreement that compromises the legal rights of their child. According to the ruling, a minor’s right to maintenance belongs to the child and not to either parent.

The LHC further clarified that a mother acting as the child’s guardian does not have the authority to waive or reduce the child’s maintenance merely on the basis of an agreement with the father. Similarly, parents cannot jointly decide to eliminate or reduce the financial support legally due to their minor child.

The court noted that a Family Court is not bound to accept a settlement reached between parents if the agreement affects the welfare or legal rights of a child. Before determining maintenance, the court must independently assess the child’s needs, standard of living and overall welfare.

The LHC also directed courts to consider the father’s financial capacity and social status while determining the appropriate amount of maintenance. The ruling stressed that the child’s genuine needs and best interests must receive greater consideration than the parents’ mutual consent.

The high court consequently sent the matter back to the Family Court with directions to determine the child’s maintenance afresh. The Family Court will now assess the minor’s requirements alongside the father’s financial circumstances before fixing an appropriate amount.

The case relates to an earlier Family Court order issued in 2012, which had fixed monthly maintenance for the children at Rs50,000 and provided for a 10% annual increase. The latest LHC ruling has reaffirmed that financial arrangements concerning minors must remain subject to the child’s legal rights and welfare.