LHC Declares Minor’s Maintenance and Inheritance Rights Cannot Be Waived by Parents

Lahore: In a significant legal decision, the Lahore High Court has ruled that parents cannot waive the future legal rights of their minor children, including maintenance and inheritance, through any private agreement or mutual settlement.

Justice Mohsin Akhtar Kiani issued this decision while hearing a petition challenging the decisions of family courts. Although the parties later settled the dispute by mutual consent, the court examined some of the clauses of the agreement and declared them contrary to the law and the fundamental rights of children.

According to court records, the agreement included a condition that the child’s mother would not claim any maintenance in the future and the child would not even demand inheritance rights in his father’s property. The Lahore High Court clarified that such conditions are not legal.

The court ruled that minor children enjoy special legal protection and their rights cannot be a part of the personal disputes or compromises of the parents. The judgment said that the interests of the child are paramount in every family case and this principle should be the basis of all judicial proceedings.

Justice Kayani pointed out in his judgement that according to both Islamic teachings and domestic laws, the maintenance and non-maintenance of a minor child are the continuous responsibilities of the father. This right is a personal right of the child, which the mother as guardian cannot permanently terminate or waive.

On the issue of inheritance, the court explained that under Muslim law, the right to inheritance arises after the death of the person concerned. Therefore, any attempt to preemptively renounce or limit this right in the future cannot be legally effective.

The judgement also issued special directions to the family courts. The court said that settlements that affect the fundamental rights of children should not be approved on the basis of the consent of the parents alone. The courts must examine whether the agreement is in the best interests of the child.

The Lahore High Court further held that any clause that permanently terminates the minor’s future non-maintenance or inheritance rights will be null and void and cannot bar future legal claims made by the child.

Legal experts are calling this decision a significant step towards protecting the rights of children, which will provide stronger legal protection to the interests of minors in family cases in the future.