Biological fathers must support kids born out of wedlock, rape: LHC

LAHORE: The Lahore High Court (LHC) has ruled that biological fathers are financially responsible for children born out of wedlock or as a result of rape, provided their paternity is established.

Justice Ahmad Nadeem Arshad issued a 15-page detailed verdict on a petition, filed by Muhammad Afzal, directing the trial court to reassess the maintenance case of a five-year-old girl in the light of new evidence.

The court observed that if the mother proves the petitioner’s biological paternity, the trial court must determine child support accordingly. All parties concerned have been ordered to appear before the trial court.

Justice Arshad remarked that justice and equality demand that if biological paternity is proven, the father must bear financial responsibility. He also underscored the moral duty of fathers to take responsibility for their children. The case record shows that in 2020, the petitioner was accused of raping a woman, leading to a criminal case against him. The woman later gave birth to a daughter and filed a claim for child support. The petitioner denied paternity and sought dismissal of the claim. The trial court ruled in the mother’s favour, ordering the petitioner to pay Rs3,000 per month in child support.

However, the petitioner challenged the verdict in the LHC, arguing that Islamic law distinguishes between children born within and outside marriage. Acknowledging this distinction, the court clarified that proving paternity is the mother’s responsibility and that child support should only be determined after verifying the child’s legal biological status. The case has been sent back to the trial court for a fresh decision based on these legal principles.