Child support cannot be waived by parents, the Lahore High Court (LHC) has ruled in a case involving the maintenance of two minor children. The court said parents cannot reduce or give up a child’s legal right to financial support through mutual consent.
Justice Usman Ghani Rashid Cheema issued the ruling while hearing a petition filed by Shazia Noreen. The court accepted the petition and sent the case back to the Family Court for a fresh decision.
LHC Protects Children’s Maintenance Rights
The case involved a minor girl and her brother. The Family Court had fixed their combined monthly maintenance at Rs60,000 in January 2026.
The children’s mother later agreed to reduce the maintenance amount. She also agreed to withdraw other demands through an affidavit.
The children challenged that decision before the Sessions Court in Sargodha. However, the court dismissed their appeal.
The matter then reached the Lahore High Court. The children argued that their parents could not give up their legal right to maintenance through a private agreement.
Parents Cannot Waive Child Support
The LHC rejected the idea that parents can settle away a minor child’s maintenance rights.
The court held that a child has an independent right to financial support. Parents cannot remove that right simply by reaching an agreement.
The court also stressed the importance of the child’s welfare. Family Courts must consider a minor’s needs before approving any settlement involving maintenance.
Family Court Ordered to Review Maintenance
The LHC directed the Family Court to reconsider the maintenance issue.
The court asked the Family Court to examine the father’s financial position and the children’s needs. It must also consider other relevant circumstances before making a new decision.
The ruling means parents cannot automatically rely on mutual consent to reduce or end a minor child’s maintenance.
The decision also reinforces the role of Family Courts in protecting children’s financial rights. Courts must examine whether an agreement serves the child’s interests before accepting it.
What the LHC Ruling Means
The ruling confirms that child support cannot be waived by parents when doing so affects a minor’s independent legal rights.
The LHC has addressed a similar issue in earlier cases. In June 2026, the court also ruled that a father could not permanently end a child’s future maintenance rights through a private settlement.
The Family Court will now reconsider the children’s maintenance. It will assess their requirements and the father’s financial circumstances before issuing a fresh decision.
