Father must pay child maintenance during trial, rules Lahore High Court

LAHORE: The Lahore High Court has upheld a conditional remand order in a family dispute, ruling that a father seeking to reopen ex parte proceedings cannot avoid paying maintenance — particularly to a minor child — during fresh trial proceedings.

Justice Raheel Kamran dismissed a petition filed by Faizan Kareem, who had challenged a Dec 18, 2025 order passed by an appellate court (additional district and sessions judge) in Ahmadpur East.

The appellate court had set aside earlier ex parte decrees and remanded the case to a family court for fresh adjudication, subject to the condition that the petitioner pay past and future maintenance as previously determined.

The dispute originated from a suit filed in 2022 by the petitioner’s estranged wife, Yasmin Khan, seeking maintenance for herself and their minor daughter, Bakhtawar. She alleged that the petitioner had expelled them from the home and failed to provide financial support.

The family court proceeded ex parte against the father and, in 2024, awarded Rs6,000 per month each to the wife and the child. Subsequently, the appellate court enhanced the maintenance to Rs10,000 per month, along with a 10 per cent annual increase for the child.

The petitioner later challenged the ex parte decree. His application was initially dismissed but was accepted on appeal. However, the appellate court remanded the matter to the family court for a fresh trial, subject to payment of maintenance.

The petitioner argued that he had divorced the respondent in 2017, rendering her ineligible for maintenance. He also contended that the maintenance amount was excessive and that the appellate court lacked jurisdiction to impose such a condition.

Justice Kamran rejected these arguments and drew a clear distinction between the rights of the minor child and those of the wife.

The judge ruled that a father’s obligation to maintain his minor child is absolute, continuous, and independent of the outcome of litigation. He observed that a child’s needs for food, education, and healthcare do not cease during legal proceedings.

Published in Dawn, April 24th, 2026