Friday, 10 August 2012

Sanctity of DNA test under the law

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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