Daily Times

The Lahore High Court (LHC) has ruled that a biological father is legally responsible for financially supporting a child born out of wedlock or as a result of sexual assault, provided paternity is established through recognized methods.

The court emphasized that under the law, once paternity is confirmed, a biological father cannot evade financial responsibility. The ruling was issued in a case concerning the maintenance of a minor girl, whose mother accused Muhammad Afzal of raping her in 2020, leading to her pregnancy and childbirth.

An FIR was registered against Afzal under Sections 376 (rape) and 109 (abetment) of the Pakistan Penal Code. The mother later approached the court seeking child support, asserting that Afzal was the biological father. Afzal, however, denied paternity and refused to provide financial assistance.

A trial court ruled in favor of the child, ordering Afzal to pay Rs3,000 per month in maintenance. However, he challenged the decision in the LHC, leading to this latest verdict.

Justice Ahmad Nadeem Arshad, in his ruling, directed the trial court to first establish paternity through proper evidence before enforcing maintenance payments. The verdict underscored that the burden of proving paternity rests on the mother.

“If a woman claims maintenance for her child against an alleged biological father who denies paternity, she must first present reliable evidence to establish his status as the father,” the ruling stated.

The high court also referenced Islamic legal principles, emphasizing that a father is both legally and morally bound to support his biological child.

“Equity, fairness, and justice demand that if the child is proven to be biologically related to the defendant, he must bear responsibility for her maintenance,” the ruling added.

The LHC further clarified that courts must first establish paternity beyond a reasonable doubt before ordering financial support, as prematurely granting maintenance without proper evidence undermines due process in family law cases.