Malik MOHAMMAD RAFIQ vs PUBLIC AT LARGE S — 2023 CLC 1916 ISLAMABAD

Case information

Citation: 2023 CLC 1916 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLC
Parties: Malik MOHAMMAD RAFIQ vs PUBLIC AT LARGE S
Subject matter: Criminal
Provisions referred to: S. 42---S; S. 42; Specific Relief Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Malik MOHAMMAD RAFIQ VS PUBLIC AT LARGE S. 42---Suit for declaration---Adoption---Legal character---Scope---Appellants / plaintiffs claimed to be adoptive parents of male child---Suit was resisted by respondents / defendants who were biological parents of the child---Suit filed by appellants / plaintiffs was dismissed by Trial Court---Validity---Adoption constituted "legal character" for purposes of S. 42 of Specific Relief Act, 1877; a declaration of such legal character could be sought by an adoptive parent or an adopted child---Appellants / plaintiffs could not seek a mere declaration where they were able to seek further relief contingent upon such declaration---It was due to lack of evidence regarding child having lived his life as the adopted son of appellants / plaintiffs that the Trial Court concluded that the suit was of collusive nature---High Court declined to interfere in judgment and decree passed by Trial Court as the same did not suffer from any legal infirmity---Appeal was dismissed, in circumstances.

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