A father cannot avoid his legal obligation to support his minor children by making sudden, unproven claims against their parentage. Under Pakistani family law, courts strictly protect the financial and Islamic rights of minors against delayed challenges and self-contradictory claims.
The High Court of Balochistan reinforced these principles in the landmark case 2025 C L C 276 [Balochistan], where a father attempted to avoid maintaining his two minor daughters during execution proceedings.
Key Facts of the Case (2025 C L C 276)
In this case, the mother (Mst. Naseem) secured a final decree for minor maintenance against the father (Ali Akbar). During the execution stage, the father filed an application requesting the court to discharge him from maintaining his two minor daughters, claiming they were not his children.
The mother clarified that she listed her father’s name on official documents solely to secure the minors’ educational and administrative records after the father refused to provide his CNIC for their Form-B.
When challenged to make a clear declaration under the Oaths Act, the father offered an ambiguous and self-contradictory statement. The Executing Court dismissed his application, and the High Court upheld that decision.
3 Legal Principles Established by the High Court
The High Court highlighted three core principles regarding child maintenance and parental responsibility:
1. Inconsistent Claims Disqualify Denial of Parentage
The record showed the father had previously filed a custody petition under Section 25 of the Guardians and Wards Act, 1890, seeking custody of all six of his children—including the two daughters he later disowned. The court ruled that seeking custody earlier and denying parentage later was a clear attempt to escape financial duties.
2. Maintenance Includes Comprehensive Support
The statutory definition of maintenance is broad and non-exhaustive. It extends beyond basic food, clothing, and lodging to cover necessary life requirements, health, and education.
3. Absolute Obligation of the Father
A father bears an undeniable legal and Islamic duty to maintain his minor children, regardless of whether they reside with him or their mother.
Protection Against Execution Delays
Courts do not allow judgment-debtors to use frivolous petitions to prolong execution proceedings or withhold validly decreed support. Once a family court decree attains finality, the executing court must enforce it in letter and spirit.
Summary Checklist for Child Maintenance Enforcement
- Final family court decrees remain binding and enforceable during execution.
- Prior legal actions (such as custody petitions) act as key evidence of parentage.
- Deliberate delays to deny children support face dismissal at the initial hearing stage.
Need Expert Legal Guidance on Family Law Matters?
If you face challenges regarding child maintenance, custody disputes, or family decree execution, consult an experienced legal practitioner for clear legal remedies.
Advocate Muhammad Amin
Advocate High Court
Phone / WhatsApp: 0313 9708019
Office Address: Office No. 14, 2nd Floor, Zeb Plaza, University Road, Tehkal Payan, Peshawar, 25000