MUNIR HUSSAIN vs RIFFAT SHAMIM S — 2023 SCMR 6 SUPREME-COURT

Case information

Citation: 2023 SCMR 6 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUNIR HUSSAIN vs RIFFAT SHAMIM S
Subject matter: Civil
Provisions referred to: 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

MUNIR HUSSAIN VS RIFFAT SHAMIM S. 42--- Paternity of child---Suit for declaration challenging paternity of a child---Maintainability---Through their declaratory suit the plaintiffs/petitioners sought a negative declaration to the effect that the child in question was not the daughter of "AH" but of "MZ"---To challenge another's paternity/legitimacy is not an assertion of one's own legal character in terms of section 42 of the Specific Relief Act, 1877---However, a person whose legal character, including paternity, was being denied such person could file a suit to claim it, but the present case was not such a case---Plaintiffs lacked legal character under section 42 of the Specific Relief Act, 1877---Petition for leave to appeal and application were dismissed.

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