Biological fathers must support children born out of wedlock: LHC
Pakistan
LHC underscores moral duty of father to take responsibility for child
LAHORE (Muhammad Ashfaq) - The Lahore High Court (LHC) has ruled that biological fathers are responsible for the financial support of children born out of wedlock or as a result of rape.
Justice Ahmad Nadeem Arshad issued a 15-page verdict on a petition filed by Muhammad Afzal, directing the trial court to re-evaluate the case of a five-year-old girl's maintenance based on new evidence.
The court stated that if the mother can prove that the petitioner is the biological father, the trial court must determine child support. All parties concerned have been ordered to appear before the trial court.
Justice Arshad emphasised that justice and equality demanded that if a biological father is proven, he must bear the financial responsibility for the child. He also underscored the moral duty of the father to take responsibility for the child.
The case record indicated that in 2020, the petitioner allegedly raped a woman, leading to a criminal case being registered against him. The woman later gave birth to a daughter and filed a claim for child support.
The petitioner, however, denied paternity and sought dismissal of the claim. The trial court, siding with the mother, ordered the petitioner to pay Rs3,000 a month in child support.
The petitioner challenged this verdict in the LHC, arguing that the legal distinction between a legitimate child (born within marriage) and a biological child (born outside marriage) should be considered. The court acknowledged this distinction, highlighting that Islamic laws provided different rulings in such cases.
The verdict also clarified that proving paternity was the mother's responsibility and emphasised that child support should only be determined after verifying the child's legal biological status to ensure transparency.
The case has been sent back to the trial court for a fresh decision based on these legal principles.
