Case Details

Citation(s)
2026 SLG 1963 2026 SLD 1963
Lahore High Court
Writ Petition No.55956 of 2020
Presented By: (Mohsin Akhtar Kayani) Judge
Date of hearing 04.05.2026 Petitioners by Muhammad Muzammil Qureshi, Advocate. The respondent by Zaeem Mumtaz Bhatti, Advocate.

Akhtar Hussain Awan, etc.

VERSUS

Naseer Akhtar Awan, etc.

Law: Family Courts Act, 1964

Section: 17

Law: Code Of Civil Procedure, 1908.

Section: 10, 11

Law: Limitation Act, 1908

Section: 3, 120

Law: Constitution of Pakistan 1973

Section: 2, 31, 227

Tagline

A father's obligation to maintain his minor child is a continuing legal and divine duty that cannot be waived by private compromises, barred by the principle of res judicata, or restricted by the six-year limitation period under Article 120 of the Limitation Act, 1908.

 Summary

This writ petition was filed by the petitioner (Akhtar Hussain Awan) challenging the concurrent judgments and decrees of the Family Court and the Appellate Court, which decreed a maintenance suit in favor of his minor son, Naseer Akhtar Awan, represented by his mother.

The petitioner raised two primary legal objections:

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