Important decision of Lahore High Court issued regarding child maintenance

Court, allowing application of minor girl, sent matter back to Family Court

Lahore: Lahore High Court has issued important decision regarding child maintenance.

Justice Usman Ghani Rashid Cheema of Lahore High Court, issuing important decision regarding child maintenance, declared void decision to fix monthly expense of children at Rs 30,000 each with consent of parents.

Court, allowing application of minor girl, sent matter back to Family Court.

Justice Usman Ghani Rashid Cheema, in 6-page written decision, ruled that parents can compromise among themselves, but cannot bargain child's right. Parents cannot reduce or end maintenance of minor child with mutual consent.

It was said in decision that maintenance of child is not right of parents but legal right of child itself. Mother as guardian does not have authority to waive or reduce child's maintenance. Parents cannot reduce or end legal right of child through any compromise.

According to Lahore High Court, Family Court is not bound to only accept compromise of parents. Court will have to examine needs and welfare of child while fixing maintenance, while financial capacity and social status of father also needs to be kept in view.

It was said in written decision that needs and interest of child have more importance than consent of parents. In case, Family Court had fixed maintenance of minor girl and her brother at Rs 30,000 per month each, which was fixed on basis of consent of children's mother.

Lahore High Court, sending matter back to Family Court, ordered that maintenance be fixed afresh keeping in view needs of children and financial capacity of father.