Status of DNA test in Pakistani law.. How a child can be determined legitimate or legal in Pakistan.
Citation Name : 2008
PLD 302 LAHORE-HIGH-COURT-LAHORE
Side Appellant :
MUHAMMAD ARSHAD
Side Opponent :
SUGHRAN BIBI
S.
5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional
petition---Legitimacy of child ---Presumption---Liyan, proceedings of---DNA
test---Suit for recovery of maintenance was filed by mother and her minor son
but petitioner (father) disowned minor as his son---Application was filed by
petitioner in Family Court for DNA test of the child , which application was
dismissed---Validity---Legitimacy of child
entailed far reaching impact, therefore, determination of such crucial
and vital issue should not be taken in cavalier manner---Accusation by
petitioner or his act of disowning child
born in wedlock were to be substantiated through tangible proof and
credible evidence---Paternity of child
born out of lawful wedlock invariably carried presumption of truth in
his favour---Mere simple denial could never take away the status of legitimacy
as "child follows the
bed"---Every presumption was made in favour of legitimacy of the
child and it was presumed to be an issue
of his parent without acknowledgement or affirmation of parentage on the part
of father---No evidence was available on record to substantiate the frivolous
and scandalous version of petitioner with reference to accusation that
child was illegitimate ---Petitioner did
not have recourse to the Court of competent jurisdiction for Liyan---Minor
having born out the wedlock between the parties would inevitably be deemed to
be a legitimate child and was lawfully
entitled to be supported and maintained by petitioner (father).-Constitutional
petition was dismissed in limine.
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