LAHORE: The Lahore High Court (LHC) ruled that parents cannot reduce or waive maintenance for minor children by mutual consent. It returned the case to the family court for a fresh decision.
Justice Usman Ghani Rashid Cheema allowed Shazia Noreen’s petition. He directed the family court to assess the father’s financial position and ability to support the children.
The judgment held that guardians have no authority to surrender a minor’s legal entitlement to maintenance.
Noreen has custody of two minor children, a girl and her brother, after the couple’s divorce. She signed an affidavit agreeing to a lower maintenance amount.
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The children challenged the arrangement before the Sessions Court in Sargodha. Their case subsequently reached the High Court.
Cheema directed the family court to examine the former spouses’ agreement. It must determine whether the arrangement serves the children’s best interests or infringes their rights.
The judgment requires family courts to scrutinise parental settlements to protect minors’ maintenance rights.
