Giving an important decision, the Lahore High Court (LHC) on Saturday said that parents could neither waive nor reduce the maintenance support of their underage child or children.
Ruling that a family court could not fix the underage children’s maintenance after an agreement was reached between their parents, the high court declared that the agreement reached between parents to waive the maintenance support of their kids could not be enforced.
The LHC also said that child maintenance was not the right of parents, but of their underage child or children.
The court went on to say that it was obligatory on a family court to make an independent assessment of an underage child’s needs and wellbeing.
It said that the child maintenance should be determined keeping in view the financial status of child’s father. “Any agreement between parents that will be in conflict with the interests of their child or children will be null and void,” read the verdict.
It further stated that parents could never refuse their children their rights, and that children’s wellbeing was more important than the willingness on the part of their parents.
The court declared the decision to fix monthly maintenance at Rs30,000 null and void, and sent the matter back to the family court.
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