The Lahore High Court has ruled that parents cannot waive a minor child’s rights to maintenance and inheritance through private agreements, reinforcing strong legal protection for children. The court stated that such rights belong exclusively to the child and cannot be compromised in disputes between parents under any circumstances.
Justice Mohsin Akhtar Kayani issued the detailed judgment while hearing a petition that included an agreement between parents. Although the petitioner sought withdrawal of the case after settlement, the court reviewed the agreement and found that it directly affected the legal rights of a minor girl.
According to the judgment, the mother had agreed to waive the child’s future maintenance and inheritance rights from the father. The court observed that maintenance is a continuous legal, moral and religious responsibility of the father, while the mother only acts as guardian and not the owner of such rights.
The court further ruled that any clause attempting to permanently remove a child’s right to maintenance is legally ineffective and contrary to constitutional protections. It added that parental consent cannot validate any agreement that harms the welfare or legal interests of a minor child.
In addition, the judgment held that inheritance rights cannot be terminated in advance under any private arrangement. The court directed that family courts must carefully examine every settlement involving minors and ensure that no clause against a child’s interest is included in a decree or order.
Finally, the court emphasized that all courts dealing with family, guardianship and civil matters must prioritize the welfare and protection of minors above all else. After laying down these principles, the Lahore High Court disposed of the application, while the ruling is expected to guide future cases involving children’s legal rights.