The Lahore High Court (LHC) has established that fathers cannot halt maintenance payments for a minor child while a family dispute is being re-litigated.
Justice Raheel Kamran issued this ruling while dismissing a petition from an individual named Faizan Kareem, who attempted to contest a conditional remand order from an appellate court in Ahmadpur East.
The legal conflict began in 2022 when Yasmin Khan filed a suit for maintenance for herself and her daughter Bakhtawar. Khan stated that her husband had expelled them from their residence and ceased all financial support.
Initially, a family court issued an ex parte decree in 2024, ordering the father to pay Rs6,000 monthly to both the wife and the child. This amount was later increased by an appellate court to Rs10,000 per month, including a 10 per cent annual increment specifically for the child’s expenses.
Kareem later sought to reopen the case, challenging the ex parte decision. While the appellate court agreed to remand the matter back to the family court for a fresh trial, it did so on the condition that Kareem continue to pay both past and future maintenance as previously ordered.
Kareem contested this condition at the High Court, arguing that he had divorced Khan in 2017 and was therefore not liable for her maintenance.
He further claimed the court lacked the jurisdiction to set such financial conditions and described the maintenance figures as excessive.
Justice Kamran rejected these claims, emphasizing strict distinction between the legal rights of a wife and those of a minor. The court noted that the responsibility of a father to provide for his child remains absolute, continuous, and independent of the status or outcome of a trial.
