LAHORE: The Lahore High Court has held that consent of parents cannot validate an arrangement which is otherwise contrary to the welfare of the child. The court said that the rights of maintenance belong to the child, not to the mother.
Mother may act as a guardian, custodian, or next friend in pursuing such claim, but she does not become the owner of the right, the court added.
The court said mother possesses no lawful authority to permanently waive, surrender, or extinguish the future right of maintenance and inheritance vested in the minor.
The court also remarked that the mandatory rules of succession prescribed by Islamic law cannot be defeated by private arrangement between parents.
The court passed this order in a petition of one Muhammad Waleed who challenged the decision of lower courts which passed a decree with regard to the maintenance as well as the delivery expenses of the minor for being against an agreement reached by him with the respondent minor’s mother withdrawing minor’s rights.
The petitioner Waleed and mother of minor had reached an agreement that she will not claim any future maintenance on behalf of the minor and even the minor daughter will not claim any inheritance from the petitioner, father.
The court remarked that the family courts are not supposed to act mere as a recording agency. Whenever a compromise affects the rights of a minor, the family court are deemed to assume protective jurisdiction, the court added.
The court observed that some directions are required to be circulated amongst the civil courts, family courts, guardian courts, as well as appellate courts for the purposes of future guidance with regard to the minor’s rights.
The court, therefore, asked the family courts to assure that no compromise affecting a minor shall be accepted solely on the basis of consent of parents.
Before recording any settlement concerning a minor, the family courts shall independently determine whether the arrangement serves the welfare and best interest of the child, the court added.
The court commented that family courts shall also record specific reasons demonstrating that the compromise is beneficial to the minor.
The court also recommend that no compromise shall be accepted by the family courts which permanently waives, restricts, or extinguishes the right of maintenance and surrender or relinquish the inheritance right of a minor.
The court urged that whenever a compromise concerns the substantive right of a child, the family courts shall expressly examine its consistency with the Constitution, the Family Courts Act, the Guardians and Wards Act, principles of Muslim personal law, and the welfare doctrine governing minors.
Any clause found detrimental to the welfare of the child shall be excluded from the compromise and shall not form part of any decree or order, the court advised the family courts.
Copyright Business Recorder, 2026
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