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MUHAMMAD AKHTAR HUSSAIN PIRZADA vs MEDICAL SUPERINTENDENT, THQ HOSPITAL, LODHRAN art — 2025 PLD 853 SUPREME-COURT

Case information

Citation
2025 PLD 853 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
MUHAMMAD AKHTAR HUSSAIN PIRZADA vs MEDICAL SUPERINTENDENT, THQ HOSPITAL, LODHRAN art
Subject matter
Civil

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

MUHAMMAD AKHTAR HUSSAIN PIRZADA VS MEDICAL SUPERINTENDENT, THQ HOSPITAL, LODHRAN art. 128---Birth during marriage conclusive proof of legitimacy---DNa test of minor daughter---Petitioner was aggrieved of denial of conducting DNa test to establish paternity of minor daughter---Validity---Material question relating to paternity of the minor daughter had already been determined by three courts below in earlier round of litigation, on the basis of evidence available on the record---Ex-parte judgment and decree relied upon by petitioner was subsequent to the judgment in family suit and could not nullify earlier judgment, passed by Court of competent jurisdiction, establishing legitimacy of the minor---Supreme Court declined to interfere with the conclusion reached at by High Court which was in favour of legitimacy of minor daughter---Conditions attached to legitimacy are more strict under Muslim Law than under other systems but Muslim jurists and also the Courts have generally been very reluctant to stigmatize a child as illegitimate---as far as possible every presumption is made in favour of legitimacy---Courts are reluctant to declare a child bastard and have generally refused to admit illegitimacy when legitimacy can be inferred from the surrounding circumstances---Petition for leave to appeal was dismissed and leave to appeal was refused.

Other judgments reported in 2025 PLD

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