Lahore: Lahore High Court (LHC) has maintained that financial difficulties or poverty cannot absolve any father from responsibility of non nafqa of his underage child because this is not only legal but also a moral, religious and Shariah responsibility

The court said in the decision that non nafqa of under age child is a permanent responsibility of father and the father cannot withdraw from this obligation under injunctions of Quran and Sunnah.

The court maintained the right of non-nafqa of underage child cannot be abolished through any private agreement or compromise deed.

A 15-page decision was issued by justice Mohsin Akhtar Kiyani. The decision includes references to Quranic verses and Hadith.

The court maintained unpaid non nafqa is like implementable debt for father which does not end with the passage of time.

It was said in the decision unadult child Nasir Akhtar Awan was handicapped therefore, no compromise can be made on his rights.

The court while upholding decisions of family court and appellate court rejected the petition of Akhtr Hussain Awan father of child.

The petitioner was of the view the matter of life time expenses was settled under compromise deed in 2005. Under law nan nafqa can not be received for more than 6 years of past period.

He had requested that fine amounting to Rs one crore be imposed on mother of child for violating the compromise deed.

However the court did not accept these arguments.

In its decision the court stressed on enactment of new legislation for recovery of nan nafqa related to past in the light of Islamic principles.

The court ordered to send copy of this order to Law and Justice Commission of Pakistan and ministry of law and justice so that matter could be considered legally in proper way.