The Lahore High Court (LHC) has dismissed a petition filed by a Pensioner challenging the attachment of funds from his pension account.
The court ruled that receiving a pension does not remove a father’s legal duty to support his minor children.
A two-member LHC bench announced the decision. The bench included Justice Malik Waqar Haider Awan and Justice Malik Javid Iqbal Wains.
The case was filed by Muhammad Latif against a decision of the Family Court in Jaranwala. He had requested the court to remove the attachment placed on his pension account.
Family Court Orders Child Maintenance
Latif’s wife had approached the Family Court seeking dissolution of their marriage. She also sought the recovery of dowry articles.
Meanwhile, the couple’s minor children requested maintenance payments from their father. The cases were later combined and decided through one judgment.
The Family Court ordered Latif to pay Rs3,000 every month to each of his two children. The court also directed a 10 percent annual increase in the maintenance amount.
During the execution proceedings, the Family Court issued non-bailable warrants against Latif. It also ordered the attachment of funds available in his pension account.
Latif challenged the attachment before the LHC. His lawyer argued that the attached funds were pension payments, not salary or regular employment income.
LHC Rejects Pension Protection Plea
The lawyer argued that pension funds were protected under the Pensions Act, 1871. He also referred to Section 60 of the Code of Civil Procedure, 1908.
However, the LHC rejected the argument and upheld the lower court’s decision.
The court explained that a child’s right to maintenance comes from the parent-child relationship. It does not arise from a financial transaction between the child and father.
The judges said a father has a legal responsibility to provide for his minor children.
The court also referred to Islamic principles concerning parental responsibility. It cited Surah Al-Baqarah, Ayat 233, regarding the father’s duty to provide sustenance.
According to the court, this principle is consistent with the legal obligation to maintain minor children.
Pensioner Status Does Not End Maintenance Duty
The LHC observed that merely receiving a pension does not invalidate execution proceedings.
The court therefore dismissed the Pensioner’s petition and maintained the Family Court’s order.
The ruling makes clear that child maintenance remains enforceable even when the father receives pension benefits.
The court emphasized that maintenance is a legal right of minor children. It arises from the relationship between the children and their father.
The decision also reinforces that a parent cannot avoid a final maintenance decree simply because their income comes through a pension.
In other news read more about LHC Quashes Case Registration Decision Against Momina Iqbal’s Sister
Thus, the Pensioner status of a father does not automatically protect pension funds from proceedings related to child maintenance.
