How to determine whether a son belong to father or not when he denies. This principle is discussed in the following judgment of Lahore High Court..
Citation Name : 2009
MLD 962 LAHORE-HIGH-COURT-LAHORE
Side Appellant :
AFTAB AHMAD
Side Opponent :
JUDGE FAMILY COURT
S.5---Constitution
of Pakistan (1973), Art.199---Constitutional
petition---Maintenance---Legitimacy of children---Presumption---Petitioner
assailed maintenance allowance by denying being father of minors and alleged that
they were born to respondent from her previous husband---Validity---Plenty of
evidence was available on file to show that petitioner and respondent kept on
residing together and minors were born as a result of their
cohabitation---Status of both the parties as husband and wife was proved and
despite consistent claim of respondent that she was legally wedded wife of
father of minors, the petitioner did not file any suit for jactitation of
marriage to disprove her assertion---Minors were admittedly born during the
lawful union of petitioner and respondent and petitioner had been paying them
maintenance through money order during their stay in another city---High Court
noted it with great concern that conduct of petitioner throughout the
proceedings was contumacious rather shameful and he disowned paternity of his
legitimate offsprings just to avoid
payment of maintenance, which was his legal as well as moral
obligation---Petitioner maliciously dragged respondents in litigation and
humiliated them in society, therefore, High Court imposed special costs against
him---High Court declined to interfere with maintenance imposed by the courts
below---Petition was dismissed in circumstances.
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