Landmark LHC ruling: Child maintenance cannot be reduced even by parental consent

LAHORE: The Lahore High Court (LHC) on Saturday issued a landmark ruling regarding nan-nufqa (child maintenance), declaring that maintenance is an absolute right of minor children and cannot be reduced or abolished, ARY News reported.

Justice Usman Ghani Rashid Cheema issued the verdict while hearing a petition filed by a woman named Shazia Noreen.

In its judgment, the court stated that nan-nufqa for children cannot be diminished or waived even with the mutual consent of the parents, emphasizing that neither parents nor guardians possess the authority or right to surrender or reduce maintenance amounts.

The LHC categorically affirmed that maintenance is a legal right of children. Accepting the petition, the high court remanded the case back to the family court. The court directed the family court to decide the matter afresh after evaluating the financial status and capability of the children’s father.

The case originated following the couple’s divorce. The mother, who has custody of two minor children—a girl and her brother—had previously signed an affidavit agreeing to a reduced maintenance amount.

The children subsequently challenged this arrangement by filing an appeal before the Sessions Court in Sargodha, which was disposed of.

The LHC directed the family court to examine the terms of the post-separation agreement between the former spouses. The judgment urged the family court to review whether the agreement was truly in the best interest of the minors or whether it infringed upon their rights.

The court further stressed that family courts must carefully review such circumstances to ensure the rights of minors remain protected, noting that minor children are not our past, but our present.