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Nan nafqa legal rights of minor children, parents, guardians have no right to waive or reduce it : LHC

Lahore: Lahore High Court (LHC) has remarked the maintenance (Nan-Nafqa) is legal right of minor children and parents or guardians have no right to reduce or waive it.

Non Nafqa of minor child cannot be waived or reduced even due to mutual consent of parents.

Justice Usman Ghani Rashid Cheema remarked the parents can compromise with each other but they cannot bargain over the right of child. The parents cannot reduce the Nan Nafqa or waive this right of children through mutual consent. The Nan Nafqa is legal right of minor child and not of parents.

Justice Usman Ghani Rashid Cheema issued 6-page written decision on the petition of Mrs Shazia Noureen and others.

As per media report , the COURT while approving the plea declared the decisions of family court and district judge Sargodha null and void and sent the matter again to family court.

The court maintained maintenance (nan nafqa) is legal rights of children and parents or guardians have no right to reduce or waive it.

The LHC further clarified that a mother acting as the child's guardian does not have the authority to waive or reduce the child's maintenance merely on the basis of an agreement with the father. Similarly, parents cannot jointly decide to eliminate or reduce the financial support legally due to their minor child.

As per case the family court fixed nan nafqa of Rs 30000 per month each of minor girl and her brother on January 24, 2026.

The court directed that family court should determine Nan-Nafqa by reviewing the financial position of parents and other relevant factors.

According to decision Nan Nafqa of minor girl and her brother was fixed Rs 30000 per month each in January 2026. However mother of children showed her willingness through affidavit for reduction in maintenance and withdrawal from other demands.

The children filed appeal against this decision before Sessions Judge Sargodha which was dismissed.

LHC maintained the court will have to review that agreement reached between parents is in the interest of minor children or otherwise and does this agreement restrict the rights of children.

The LHC remarked the court should adopt conscious and cautious attitude for the protection of rights of minor children. Minor children are our today not our tomorrow, court remarked.