Citation Name : 2007 CLC 1145 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ZAHEER AHMAD
Side Opponent : Mst. NASIMAN BIBI alias NASIM BIBI
---Legitimacy---Husband repudiating a child ---Principles---Husband who wishes to repudiate the child , so born, can only do so by procedure of Li'an---Such husband swears before Qazi that child is Illegitimate and fruit of adultery, in which case the Court passes a decree, not only of dissolving the marriage but also declaring the child Illegitimate ---Such husband has to disown the child immediately on the birth of child or on having knowledge of such birth---Strong and unimpeachable evidence is required to prove illegitimacy and one has to prove that child was born after a lapse of three consecutive periods of "Tohar" subsequent to death or divorce by husband, as "Iddat" comprises. of three .periods of "Tohar".
Side Appellant : ZAHEER AHMAD
Side Opponent : Mst. NASIMAN BIBI alias NASIM BIBI
---Legitimacy---Husband repudiating a child ---Principles---Husband who wishes to repudiate the child , so born, can only do so by procedure of Li'an---Such husband swears before Qazi that child is Illegitimate and fruit of adultery, in which case the Court passes a decree, not only of dissolving the marriage but also declaring the child Illegitimate ---Such husband has to disown the child immediately on the birth of child or on having knowledge of such birth---Strong and unimpeachable evidence is required to prove illegitimacy and one has to prove that child was born after a lapse of three consecutive periods of "Tohar" subsequent to death or divorce by husband, as "Iddat" comprises. of three .periods of "Tohar".
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