Lahore: Lahore High Court (LHC) has maintained the parents cannot abolish the nan nafqa and inheritance rights of child through any agreement.

Justice Mohsin Akhtar Kiyani of LHC released 5-page written decision on the petition of Muhammad Walid Arshid.

The petitioner had requested for withdrawing his petition after reaching agreement by the respondents.

The court while accepting it wrapped up the petition.

However important legal principles were evolved in the decision with reference to underage children rights.

According to decision mother had withdrawn from nan nafqat and inheritance right of underage girl. This clause was also included in the agreement that girl will not demand nan nafqa of any kind from father in future and she will be considered deprived of inheritance of father.

The court maintained nan nafqa of underage child is persistent legal, moral and religious obligation of father. Nan nafqa right is personal right of child. Mother is not owner of this right but she is patron only. Therefore, she cannot withdraw permanently from the future right of nan nafqa of unadult child.

The decision said any clause regarding withdrawal from future nan nafqa right of underage child will be legally ineffective. Depriving the child of nan nafqa or inheritance permanently runs contrary to the constitution.

The court made it clear no such agreement can be given legal status with the willingness of parents which is against the interest of child.

LHC further maintained every clause on abolishing or abandoning the future inheritance rights of child will be deemed illegal from the very beginning and such clauses will not become hindrances on the way of any claim to be filed by unadult child in future .

The court directed family courts not to accept any deal related to underage children merely on the basis of willingness of parents and instead the detailed review of best interest , welfare and legal rights of child be made in every matter.

The decision said any clause against the interest of child can neither be made part of court's decision nor can family court accept it.

The court stressed family, guardian and civil courts should make the protection of rights of unadult their top priority besides ensuring that every decision should be made in line with the norms of welfare of the child.