Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Constitution of Pakistan, Art.199---Constitutional petition---DNA test---Principle---Petitioner was wedded with respondent and out of the wedlock one son was born---Respondent entered into second marriage and relations between parties became strained---Petitioner filed suit for recovery of maintenance allowance for herself and for her son---Respondent resisted maintenance on the plea that son did not belong to him and asked for DNA test---Lower Appellate Court directed the parties to appear in hospital for DNA test---Validity---DNA profile test is always conducted with the consent of the person concerned and is normally applied in criminal cases---No such consent was available either by mother or by child himself---Where consent was not given, DNA test could not be conducted, though adverse inference might be drawn by Court of such refusal---High Court declared that there was no need for DNA test and set aside order passed by Lower Appellate Court---Petition was allowed in circumstances. Aman Ullah v. The State PLD 2009 SC 542; Khizar Hayat v. Additional District Judge, Kabirwala and 2 others PLD 2010 Lah. 422; and Salman Akram Raja and another v. Government of Punjab through Chief Secretary and others 2013 SCMR 203 rel. ORDER ALI BAQAR NAJAFI, J.---The petitioner, through this Constitutional Petition, seeks setting aside impugned order dated 24-9-2013 passed by the learned Additional District Judge, Gujranwala, whereby he directed the parties to approach the Medical Superintendent, DHQ, Hospital, Gujranwala to get managed DNA profile test within 7 days in order to determine the controversy arrived at between the parties. 2. Brief facts giving rise to the filing of this writ petition are that on 9-6-1988 the petitioner contracted marriage with respondent No.2 in lieu of dower amount Rs.25,000/-beside fixation of Rs.1,00,000/- for the construction of house for her within a period of two years which was not paid. The parents of the petitioner at the time of marriage graced her with dowry Articles valuing Rs.8,44,270/-. From their wedlock Muhammad Umair Tayyab was born on 2-3-1995 whose birth entry was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492