Friday, 10 August 2012

Judgment on legitimacy of child in case filed by uncle

Can an uncle challenge the legitimacy of children.. This principle is discussed in the following judgment...

  Citation Name  : 2009  CLC  137     LAHORE-HIGH-COURT-LAHORE
  Side Appellant : MUHAMMAD RAFIQUE
  Side Opponent : Mst. MUMTAZ AKHTAR alias ALLAH RAKHI
                        Inheritance---Parentage---Legitimacy of children of deceased challenged by their uncle---Proof--Uncle in his pleadings had been adding name of his deceased brother as father of child ren right from Trial Court upto Supreme Court---Uncle had not objected to parentage and paternity of child ren before attestation of mutation of inheritance in their favour---No evidence existed on record to show that child ren were born after divorce of their mother or she had been living in adultery---Uncle asserted that if child ren relinquished their right of inheritance, then he would accept and acknowledge them as legitimate child ren of his deceased brother---Such stance of uncle was against the principle of Fiqa---According to Sunni school of thought a child  born after six months of marriage or within two years of its dissolution would be presumed to be a legitimate child  of his father---Role of uncle to grab a small piece of land by dragging and harassing child ren of his deceased brother was totally unbecoming of a responsible and conscientious person---Uncle had not resorted to procedure of Liyan by swearing before Qazi that such child ren were illegitimate  and result of adultery---Deceased in his life time had neither challenged paternity of his child ren nor disowned them in any manner---Such child ren were legitimate  and entitled to legacy and inheritance of their deceased father---Principles.

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