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

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SAKHAWAT HUSSAIN VS ADDITIONAL DISTRICT JUDGE arts. 2(9) & 128---Family Courts act (XXXV of 1964), S. 5, Sched.---Suit for recovery of maintenance allowance of minor---Paternity of minor (plaintiff), denial of---Deoxyribonucleic acid (DNa) test of the minor, conducting of---Scope----Honour and dignity of women and innocent children---Each human being has a unique DNa pattern, which is acquired by inheriting it from the biological parents---DNa can be found in the human body and samples can be taken from sliva, skin tissues, blood, hair and semen for establishing the DNa matching with the DNa of another human being---Though by using DNa technology, the Courts are in a better position to reach at a just conclusion but the question is whether the a defendant/(ex-)husband can be allowed to get conducted DNa test of the minor plaintiff and produce the said report as evidence in order to challenge the paternity of minor plaintiff---It is for the honour and dignity of women and innocent children as also the value placed on the institution of the family that women and blameless children have been granted legal protection and a defence against scurrilous stigmatization---It is becoming a common practice in our society that whenever a suit for recovery of maintenance allowance is filed against a person he comes forward to the Court and challenges the legitimacy of the child by moving an application requesting for conducting DNa analysis of the child---Ethically, questioning the paternity of a child during a maintenance suit can be seen as a tactic to evade responsibility rather than a legitimate claim based on evidence---It often reflects a desire to avoid financial obligations and may be motivated by personal animosity or financial concerns---Such practice should be discouraged and dealt with an iron hand because encouraging such practices would only serve to erode trust in the family unit and the legal system that is designed to protect the interests of vulnerable children---When a parent questions the legitimacy of the child, it creates an atmosphere of doubt and insecurity---This practice undermines the child?s sense of identity, dignity, and belonging, which can have long-lasting psychological effects---It is crucial that courts focus on the child's needs and emotional welfare, rather than allowing a parent to challenge paternity without valid justification---Use of DNa tests to challenge paternity, while scientifically valid, should not be viewed as a tool for harassment or delay in matters of child maintenance---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 arts — 2025 PLD 332 LAHORE-HIGH-COURT-LAHORE

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