Once paternity is established, a biological father must financially support a kid born out of wedlock or through sexual assault, according to the Lahore High Court (LHC).
The biological father cannot deny financial responsibility for the child when paternity is proved, according to the court.
A written ruling was rendered in a case involving the financial maintenance of a juvenile girl whose mother accused Muhammad Afzal of raping her in 2020, resulting in her pregnancy and daughter.
Afzal received a FIR for rape and abetment under Pakistan Penal Code Sections 376 and 109.
Afzal adamantly denied paternity and refused to offer child support after the woman sued for financial support, claiming he was the biological father of the infant girl.
A trial court ordered the rapist to pay Rs3,000 monthly maintenance to the child. Afzal appealed in LHC, resulting in the recent ruling.
According to LHC Justice Ahmad Nadeem Arshad, “Consequently, the matter is remanded to the learned Trial Court with the direction to record the plaintiff’s evidence regarding the specific claim made in the plaint that the petitioner/defendant is the biological father of respondent No. 2.”
“If, after recording the evidence, the Court concludes that the minor is indeed the biological child of the defendant, the proceedings may continue for the maintenance allowance,” it added.
The court made it apparent that the mother must prove paternity.
“If a mother claims support for her kid and the defendant/biological father refuses it, she must first prove, through trustworthy proof, that the defendant is the biological father.
“The burden of proving that the defendant is the biological father of the child lies on the woman who claims the maintenance.”
Using historical child maintenance viewpoints, the high court highlighted Islamic legal norms.
Equity, fair play, and justice require that respondent No.2, if she is the petitioner’s biological child, be rewarded and maintained by him.
“Whoever has a child must support it. Morally, the biological father must support his illegitimate child.
The trial court was ordered to verify paternity before enforcing support payments by the court.
“After paternity is proven, the defendant must support the child. The court would decide the maintenance allowance based on the defendant’s income and the child’s requirements.
The verdict stated that the [trial] court erred in law by ordering support for the child without first proving that the child is the petitioner’s biological child.
“In disputed paternity cases, the Court must first prove the biological relationship between the child and the defendant.
A crucial stage in evaluating legal culpability is skipped when the Court grants maintenance without sufficient proof. This failure violates family law fairness and due process.”
