Lahore, March 17, 2025: The Lahore High Court (LHC) has ruled that biological fathers must provide financial support for children born out of wedlock or as a result of rape. In a 15-page verdict, Justice Ahmad Nadeem Arshad directed the trial court to reassess the case of a five-year-old girl’s maintenance in light of new evidence.
The court stated that if the mother proves the petitioner is the biological father, he must bear financial responsibility for the child. It emphasized that justice and equality demand that a father, once proven, must take responsibility for his child, both morally and legally. The trial court has been ordered to summon all concerned parties and re-evaluate the matter accordingly.
The case originated from a 2020 incident in which the petitioner was accused of rape, leading to criminal charges. The woman later gave birth to a daughter and filed a claim for child maintenance. The petitioner denied paternity and sought dismissal of the claim. However, the trial court ruled in favor of the mother and ordered him to pay Rs3,000 per month in child support.
Challenging this verdict in the LHC, the petitioner argued that Islamic law distinguishes between a legitimate child (born within marriage) and a biological child (born outside marriage). The court acknowledged this distinction but clarified that the mother carries the burden of proving paternity. It further stated that child support could only be enforced after legal verification of the father’s biological status.
The case has now been sent back to the trial court for a fresh decision, ensuring that the matter is addressed with fairness and transparency.
