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Father cannot be absolved of responsibility of expenses of children on pretext of financial woes, unemployment: LHC

LAHORE:Lahore High Court (LHC) has remarked father cannot be absolved of the responsibility of expenses of children on the pretext of financial woes or unemployment.

Justice Shireen Imran of LHC while issuing 9-page decision in regard to children custody has rejected constitutional petition of father.

Justice Shireen Imran maintained in her decision that welfare of children is more important than preferential right of parents.

The court has upheld the order for payment of Rs 35000 monthly expenses per child and 10 percent annual increase in it.

The court made it clear the father cannot be absolved of the responsibility of expenses of children on the pretext of financial problems or unemployment.

According to written decision it is necessary to keep in view the education, care, age and desire while deciding about custody of children. Emotional, psychological and educational expenses are also included in the welfare of children beside financial requirements.

It has been said in the court's decision that both the children are living with mother and are studying in a private school. They have expressed their desire in court to live with their mother.

Court maintained father could not present any solid proof in support of shifting the children from mother. Therefore, the opinion of children be given importance. But it should be seen in perspective of overall situation instead of making it final decision.

It has been told in the decision that the welfare of the children is of paramount importance under section 17 of Guardian and Wards act.

The court said further in its decision no legal flaw or misinterpretation of evidence has been proved in the decisions of subordinate courts.

Therefore, the petition of father regarding children custody is rejected. The agreed schedule of meeting with children will remain intact.