LHC rules biological father responsible for supporting children born out of wedlock or rape

In a landmark decision, the Lahore High Court ruled that the biological father is 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 in response to Muhammad Afzal's petition.

The case, concerning the financial support of a five-year-old girl, was remanded to the trial court for reconsideration based on evidence.

The court stated that if the mother can prove the petitioner is the biological father, the trial court must determine the child's expenses.

The verdict emphasized that the biological father, being responsible for the birth, is also morally and financially accountable for the child's upbringing.

The case originated in 2020 when the petitioner was accused of assaulting a woman named Maryam, leading to the birth of the child.

The woman filed for financial support, which the trial court granted, ordering the petitioner to pay PKR 3,000 per month. However, the petitioner denied paternity and challenged the decision in the High Court.

The court clarified that the burden of proving paternity rests on the mother. Islamic principles and legal procedures allow for determining the child’s status.

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Without establishing the child’s legal status, assigning financial support would lack transparency.

The decision further dismissed the petitioner’s argument that family courts lack jurisdiction over illegitimate children's support, citing the West Pakistan Family Courts Act of 1964 and relevant Islamic injunctions.

This ruling establishes a significant legal precedent, ensuring financial security for children born out of wedlock or through sexual assault.