SAKHAWAT HUSSAIN vs ADDITIONAL DISTRICT JUDGE S — 2025 PLD 332 LAHORE-HIGH-COURT-LAHORE

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SAKHAWAT HUSSAIN VS ADDITIONAL DISTRICT JUDGE S. 2---Qanun-e-Shahadat (10 of 1984), Art. 128---Family Courts Act (XXXV of 1964), S. 5, Sched.---Suit for recovery of maintenance allowance of minor---Paternity of minor (plaintiff) denied by husband---Deoxyribonucleic acid (DNA) test of the minor, conducting of---Scope---Application of defendant(ex-husband) for DNA examination of minor plaintiff was dismissed concurrently---Validity---Although birth during continuance of a valid marriage or within two years after its dissolution is a conclusive proof of legitimacy under Art. 128(1)(a) of the Order 1984,but under certain circumstances the husband can disown the paternity of a child---Since both parties are Muslims and S. 2 of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, specifically refers to legitimacy or bastardy, resort must be made to the Muslim Personal Law (Shariat) for the purpose of reconciling what may appear to be conflicting provision of Art. 128 of the Qanun-e-Shahadat, 1984---When a person denies that he is the natural/ biological father of children born within the period stipulated in Art. 128, the Muslim Personal Law (Shariat), firstly, provides that legitimacy/paternity must be denied by the father immediately after birth of the child [as per Imam Abu Hanifa] and within the post natal period (maximum of 40 days) after birth of the child [as per Imam Muhammad and Imam Yousaf]---There can be no lawful denial of paternity after this stipulated period---The Hedaya, Fatawa-e-Alamgiri and other texts all agree on this principle of Shariat---In the present case, the petitioner contracted marriage with the respondent (plaintiff lady), however, he divorced her after about seven months of their marriage---Minor/plaintiff was born after almost 06½ months of the dissolution of marriage---Hence, the first denial of paternity appearing from the record in the instant case is in the written statement furnished by the petitioner after three years of birth of minor---Therefore, while applying the principles of Muslim Personal Law (Shariat) as mandated by the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, the petitioner cannot be allowed to deny the legitimacy/paternity of minor plaintiff---Thus, both the Courts below rightly dismissed the application of the petitioner/defendant(ex-husband)---Constitutional petition filed by defendant (ex-husband), being merit-less, was dismissed.

SAKHAWAT HUSSAIN vs ADDITIONAL DISTRICT JUDGE S — 2025 PLD 332 LAHORE-HIGH-COURT-LAHORE

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