Parents cannot waive or reduce minors' maintenance by mutual consent: LHC
“Lahore High Court rules parents cannot reduce or waive minor children’s maintenance through mutual consent, directing courts to protect children’s legal rights …”
LLAHORE —The Lahore High Court has ruled that parents cannot reduce or waive the maintenance of minor children even through mutual consent, declaring that child maintenance is a legal right that cannot be compromised by parents or guardians.
Justice Usman Ghani Rashid Cheema accepted a petition filed by Shazia Noreen and remanded the matter to the Family Court. The court held that parents or guardians do not have the authority to reduce or end the maintenance payable to minor children.
The court directed the Family Court to determine the maintenance after examining the financial position of the children’s father and other relevant factors., the combined monthly maintenance of a minor girl and her brother had been fixed at Rs60,000 in January 2026. However, the children’s mother had agreed through an affidavit to reduce the maintenance and withdraw other demands.
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The children challenged the decision before the Sessions Judge, Sargodha, but their appeal was dismissed. The Lahore High Court held that the court must examine whether any agreement reached between parents is in the best interests of the minor children and whether it restricts their rights.
The court observed that judges must adopt a conscious and cautious approach to protect the rights of minor children, remarking that “minor children are not our tomorrow, but our today.”
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