The Lahore High Court (LHC) has ruled that a father’s pension can be attached to pay maintenance to his minor children, dismissing a petition filed against the attachment of a pensioner’s account for non-payment.
A bench comprising Justice Javed Iqbal Waince and Justice Waqar Haider Awan announced the verdict, holding that maintenance owed to minor children is not an ordinary debt but a legal obligation arising from the father-child relationship.
The court said a family court is fully empowered to attach a pension account to enforce a final maintenance decree.
The petitioner had relied on the protection extended to pensions under the Pakistan Army Act. The bench rejected the argument, ruling that such protection cannot override the right of minor children to maintenance.
In its judgment, the court noted that the right of minor children to maintenance is recognised under both Islamic principles and Pakistani law. It added that a family court decree does not create a new liability but defines and enforces the father’s existing obligation.
