Citation Name : 2007
CLC 1145 LAHORE-HIGH-COURT-LAHORE
Side Appellant :
ZAHEER AHMAD
Side Opponent : Mst.
NASIMAN BIBI alias NASIM BIBI
---S.
5---Constitution of Pakistan
(1973), Art. 199---Constitutional petition---Legitimacy of child
---Maintenance---Family Court as well as Appellate Court burdened the father
with monthly maintenance of the minor child ---Father denied maintenance on the
ground that child was born on 7-11-2004,
at a point of time when the spouse had been living in desertion since,
2-12-2003 and the child was born after
11 months and 5 days from desertion---Validity---Father was denying maintenance
to the child , disowning him as his issue and accusing mother of the child of having given birth to an illegitimate
child ---Question of legitimacy of child
had a far reaching impact, therefore, determination of such question
should not be taken lightly---Allegation by husband, or his act of disowning
child born out of wedlock, should not be
given weight, without strict proof in such regard to the contrary---Paternity
of child born out of lawful wedlock, had
a presumption of truth in its favour---Simple denial would not take away status
of legitimacy and according to Islamic Law, "child follows the bed"---Every presumption was
made in favour of legitimacy of child and
was presumed to be an issue of his parents without any acknowledgement or
affirmation of parentage on the part of father---Courts had always leaned in
favour of legitimacy of a child , in absence of any cogent evidence to the
contrary---No proof on record was available to support the contention of father
that child was illegitimate ---Moreso,
when father had not approached the court of competent jurisdiction for Li'an
thus the child who was born in wedlock
was a legitimate child and as such
entitled to be maintained by father--Judgments and decrees passed by two Courts
below were maintained---Petition was dismissed in circumstances.
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