LAHORE: The Lahore High Court (LHC) has ruled that parents cannot surrender or extinguish future rights of a minor child, including maintenance and inheritance, through a private agreement or compromise before a family court.
Justice Mohsin Akhtar Kayani issued the ruling deciding a petition filed by Waleed Arshad challenging judgments of the lower courts regarding maintenance and delivery expenses of a minor child.
Although the petitioner withdrew the petition after reaching a compromise with the other party before a family court, the LHC judge examined the terms of the settlement and found that they affected the fundamental rights of the minor.
Justice Kayani noted that under the compromise agreement, the mother had agreed that she would not claim any future maintenance for the child and that the minor would not claim any share in the inheritance of the father.
Rules child’s rights non-negotiable in parental disputes, directs family courts not to accept compromises
The judge maintained that such conditions were legally invalid, observing that a minor is a person under legal disability and is placed under special protection of courts.
The judge remarked that the welfare of a minor is not merely one factor among many but is the paramount consideration in family matters.
“The rights of a child are independent rights and cannot be treated as negotiable claims capable of being bartered away by parents for the purposes of settlement of their personal disputes,” the judge held.
Justice Kayani observed that under Islamic law, maintenance of a minor child is a continuing legal, moral and religious obligation of the father.
The judge explained that the right belongs to the child, not the mother and therefore, a mother acting as guardian or custodian cannot permanently waive or surrender the child’s future maintenance rights.
Regarding inheritance, the judge ruled that under Muslim law, succession opens only after the death of the owner of the estate and no heir obtains a vested right during the lifetime of the person.
He said a mere expectation of inheritance cannot be surrendered in advance and mandatory rules of succession cannot be defeated through private arrangements.
The judge also held that such agreements are inconsistent with constitutional protections relating to the dignity, welfare and rights of children.
He observed that family courts are not merely recording authorities when dealing with compromises involving minors.
“They have a duty to independently examine whether a settlement protects the child’s welfare and complies with the law,” he added.
Justice Kayani also issued guidelines for the family courts, directing them not to accept compromises affecting minors solely on the basis of parental consent.
He said the courts must independently determine whether such arrangements serve the best interests of the child and record reasons before approving any settlement.
He directed that no compromise should be accepted if it permanently waives, restricts or extinguishes a minor’s future right of maintenance or inheritance.
He further ruled that any such clause would be void and could not prevent future claims by or on behalf of the child.
Justice Kayani instructed civil courts, family courts, guardian courts and appellate forums to follow these principles while dealing with settlements involving minors.
With these directions, the judge dismissed the petition as withdrawn.
Published in Dawn, June 16th, 2026.
