- The Lahore High Court ruled that biological fathers must financially support children born out of wedlock or due to sexual assault, once paternity is established.
- The burden of proving paternity lies on the mother, ensuring maintenance orders are based on verified biological relationships.
- The court emphasized that fathers are both legally and morally obligated to support their biological children, aligning with Islamic legal principles.
In a landmark decision, the Lahore High Court (LHC) has ruled that biological fathers are legally obligated to provide financial maintenance for children born out of wedlock or as a result of sexual assault, contingent upon confirmed paternity. This ruling underscores the court’s commitment to child welfare and equitable justice.
The case at the center of this decision involved a woman who alleged that Muhammad Afzal raped her in 2020, resulting in the birth of a daughter. An FIR was filed against Afzal under Sections 376 (rape) and 109 (abetment) of the Pakistan Penal Code. Subsequently, the mother sought child support, asserting Afzal’s paternity, which he denied. A trial court initially ordered Afzal to pay Rs3,000 per month in maintenance, a decision he contested in the LHC.
Justice Ahmad Nadeem Arshad, presiding over the appeal, emphasized the necessity of establishing paternity before enforcing maintenance obligations. The court remanded the case to the trial court, instructing it to record evidence regarding the paternity claim. If the child is proven to be Afzal’s biological daughter, the court is to determine the appropriate maintenance allowance.
The ruling places the onus of proving paternity on the mother, requiring her to present trustworthy evidence to substantiate her claim. This approach ensures that maintenance orders are based on verified biological relationships, upholding the principles of fairness and due process in family law proceedings.
Justice Arshad also invoked Islamic legal principles, highlighting that a father is both legally and morally obligated to support his biological child, irrespective of the circumstances of birth.
This decision marks a significant step in Pakistan’s legal landscape, reinforcing the responsibility of biological fathers towards their children, regardless of marital status or the conditions leading to the child’s conception. It emphasizes that the welfare of the child is paramount and that financial support is a fundamental right of every child.
The ruling also serves as a deterrent against the denial of paternity and evasion of financial responsibilities by biological fathers. By mandating that paternity must be established before maintenance is enforced, the court ensures that claims are substantiated, thereby protecting the rights of both the child and the alleged father.
Furthermore, the decision aligns with international conventions on child rights, to which Pakistan is a signatory, reinforcing the country’s commitment to upholding children’s rights to financial support and overall well-being.
In conclusion, the LHC’s ruling is a landmark affirmation of children’s rights in Pakistan, ensuring that biological fathers cannot evade their financial responsibilities, thereby promoting the welfare and best interests of the child.
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