Lahore:Lahore High Court (LHC) has maintained nan nafqa (childe maintenance) can be paid to minor children out of father's pension.

LHC dismissed the petition against pension attachment on non payment of nan nafqa to under age children.

LHC bench comprising Justice Javed Iqbal Wains and justice Waqar Haider Khan while issuing decision maintained nan nafqa can be paid to under age children out of pension of pensioner father.

The court remarked nan nafqa is not a general loan but it is legal responsibility imposed on father which comes into being due to father and child relation.

It was said in the decision that family court is empowered to attach pension account in connection with implementation of final degree of nan nafqa.

LHC maintained protection of pension can not be given preference to right of nan nafqa of under age children under Pakistan army act.

LHC maintained nan nafqa of under age children is recognized right in both Islamic principles and Pakistani law. Family court degree determines and implements responsibility of nan nafqa of father which already exists.