The Lahore High Court (LHC) has ruled that biological fathers are obligated to provide financial support for children born out of wedlock or as a result of rape.
Justice Ahmad Nadeem Arshad issued a detailed 15-page verdict in response to a petition filed by Muhammad Afzal, instructing the trial court to reassess the maintenance case of a five-year-old girl based on new evidence.
The court said that if the mother can establish the petitioner as the biological father, the trial court must determine child support. All relevant parties have been summoned to appear before the trial court.
Justice Arshad stressed that if paternity is proven, justice and fairness necessitate that the biological father bear the financial responsibility for the child. He also highlighted the moral duty of fathers to accept such responsibilities.
Records show that in 2020, the petitioner was accused of raping a woman, leading to a criminal case. The woman later gave birth to a daughter and sought child support.
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Although the petitioner denied paternity and requested dismissal of the claim, the trial court initially ruled in favor of the mother, ordering a monthly payment of Rs3,000. The petitioner appealed this decision, arguing distinctions in Islamic law regarding legitimate and biological children.
The LHC acknowledged this distinction and clarified that paternity must be proven before determining child support. The case has been sent back to the trial court for a fresh decision.
