Lahore: Lahore High Court (LHC) has remarked that providing sustenance to the children born out of rape or without marriage is responsibility of biological father.

Justice Ahmad Nadim Arshid has issued 15-page written order on the petition filed by Muhammad Afzal.

The court remanded back to trial court the case regarding claim of expenses of 5 years girl.

LHC said in its decision if lady proves that biological father of girl is petitioner then trial court should fix sustenance of the girl.

The court directed all the respondents to appear before trial court.

According to decision it is norm of justice if biological father of girl is proved then it is binding on him to bear the expenses of the girl. Who is responsible for birth of girl he is responsible to bear her expenses. It is responsibility of biological father to bear the expenses of his illegitimate child.

The court said in its decision that the petitioner committed rape with lady Maryam in 2020 as per record. Case was registered against the accused under clauses of rape. The lady gave birth to girl as a result of alleged sexual abuse.

The lady filed claim against the biological father in connection with expenses of the girl.

According to decision the petitioner gave statement in the trial court refusing to own girl. Therefore, the claim for sustenance be rejected.

The trial court while accepting claim of lady fixed Rs 3000 per month as expenses of girl.

The petitioner Muhammad Afzal resorted to LHC against trial court decision.

The court remarked the case of child expenses is not ordinary case. There is too much difference in term between legitimate and illegitimate child.

Decision said the objection by the petitioner regarding power of jurisdiction of family court is not correct.

Magistrate has powers of jurisdiction in regard to family related matters under section 488 of CRPC section 488. No mention is made about legitimate or illegitimate child anywhere in family laws. Rights have been given to children who are born as a result of rape in legal system of Bangladesh.