Friday, 10 August 2012

When a child is legal?

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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