The Lahore High Court (LHC) has ruled that parents cannot terminate a minor child’s rights to maintenance and inheritance through any private agreement.
In an important judgement on the rights of minor children, Justice Mohsin Akhtar Kayani held that the rights of minors cannot become part of personal disputes between parents and that protecting those rights is the primary responsibility of courts.
Justice Kayani issued a five-page written decision on a petition filed by Muhammad Walid Arshad. The petitioner had requested the court to allow withdrawal of the petition after an agreement was reached between the parties.
However, the court examined the contents of the agreement and found that it included clauses affecting the rights of a minor girl.
Mother waived child’s rights in agreement
According to the judgement, the mother had waived the minor girl’s rights to maintenance and inheritance in the agreement. The agreement stated that the girl would not be able to demand any maintenance from her father in the future.
It also included a clause depriving the minor girl of her father’s inheritance.
The court ruled that maintenance of a minor child is the continuous legal, moral and religious responsibility of the father. The judgement clarified that the right to maintenance belongs to the child.
The mother is not the owner of this right but only the guardian of the minor child. Therefore, the mother cannot permanently waive the child’s right to future maintenance.
Clauses against child’s rights
Justice Kayani ruled that any clause waiving the minor’s right to future maintenance is legally ineffective. The court further held that permanently depriving a child of maintenance or inheritance is also against the Constitution.
According to the judgement, the consent of parents cannot give legal status to any agreement that goes against the interest of the child.
Inheritance rights can't be ended in advance
The court declared that any clause terminating the future inheritance rights of a minor will be considered illegal from the beginning.
Such clauses, the judgement said, cannot prevent the minor from filing any legal claim in the future. The court made it clear that no clause to terminate or renounce inheritance rights will be accepted by a family court.
The court directed that family courts should not accept any agreement concerning a minor child merely on the basis of parental consent.
The judgement said family courts are bound to examine the best interest and welfare of the child before approving any agreement. No clause against the interest of a child can be made part of a court order, decree or settlement.
Top priority to minors’ rights
The court said family courts must satisfy themselves that any proposed agreement is in accordance with the welfare of the minor child. It further directed that any clause found to be against the child’s interest must not be made part of an agreement or court order.
The judgement also stated that family, guardian and civil courts should give top priority to protecting the rights of minors.
After laying down these principles, the Lahore High Court disposed of the application on the basis of withdrawal.
The ruling is expected to serve as an important guideline for family courts dealing with agreements involving minor children’s maintenance, inheritance and welfare rights.
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