The Lahore High Court has made it clear in a landmark judgement that parents cannot compromise on the legal rights of minor children to resolve their personal disputes. The court ruled that rights like maintenance and inheritance are the child’s own rights and cannot be terminated through any agreement.
This judgement has come at a time when the parties in family disputes often settle matters by mutual consent. However, the court clarified that when the matter is related to the rights of minor children, only the consent of the parents is not enough.
Justice Mohsin Akhtar Kiani said in the judgement that minor children deserve special protection in the eyes of the law. That is why it is the responsibility of the courts to carefully examine every such agreement that may have an impact on the future of the child.
The agreement that emerged during the trial included a condition that the mother would not claim maintenance for the child in the future, while the child would also not exercise the right to inherit from his father’s property. The court declared both these conditions ineffective and unacceptable.
The judgement explained that the right to maintenance is actually the right of the child, and according to Islamic law, this responsibility is continuously imposed on the father. Therefore, the mother, as a guardian, cannot permanently waive this right.
On the issue of inheritance, the court said that the right to inheritance does not arise during the life of a person. Therefore, any agreement to renounce possible inheritance in the future cannot be legally effective.
The court directed all family courts, guardian courts and appellate forums to make the best interests of the child the primary criterion before approving such agreements. If a settlement is limiting or eliminating the future rights of the child, it should not be approved.
According to legal circles, this decision will not only provide guidance for family courts but will also prove to be a strong precedent in terms of protecting the rights of children. Experts say that this decision will give greater importance to the interests of children in such cases in the future, and the agreements reached between the parents will not be able to affect their fundamental rights.
The court disposed of the petition after it was withdrawn; however, the legal interpretations and instructions given in the decision will become an important source of guidance for future cases.
