Law: Constitution of Pakistan, 1973

Section: 9, 14, 199

Law: Qanun-e-Shahadat Order, 1984

Section: Art.129(g)

(a)    Constitution of Pakistan-------Arts. 9, 14 & 199---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Paternity of a minor, determination of---Deoxyribonucleic Acid Test ('DNA test')---DNA test of the minor was ordered by the Trial Court---Contention of the petitioners was that DNA test could only be resorted to with the consent of the parties and not otherwise---Validity---Consent of the parties is essential to decide claim of the parties with respect to paternity of the child---If parties do not give consent for such DNA examination, then trial Court can draw adverse inference as per Art.129(g) of Qanun-e-Shahadat, 1984 and shall proceed to decide the question of paternity on the basis of evidence produced by the parties including resort to physiognomy (Qiyafah).Muhammad Nawaz v. Additional District and Sessions Judge and others PLD 2023 SC 461; Abdul Latif v. Additional District Judge, Kasur and 4 others 2016 CLC 1553; Muhammad Nawaz v. Additional District and Sessions Judge and others PLD 2023 SC 461; Mst. Laila Qayyum v. Fawad Qayyum and others PLD 2019 SC 449; Salman Akram Raja and another v. Government of Punjab through Chief Secretary, and others 2013 SCMR 203; Mst. Safia Bibi and another v. Muhammad Akbar and others PLD 2018 Lah. 758; Mst. Rubina Kausar v. Additional Sessions Judge and others PLD 2017 Lah. 604; Naseer Ahmed v. Mst. Azrah and another PLD 2010 Kar. 61 and Mst. Rajo Mai v. The State 1992 PCr.LJ 1011 rel.(b)    Words and phrases-------Word "Physiognomy (Qiyafah)"---Meanings and connotation---Said word is derived from the Arabic root (qafa), which stands for the act of following or tracing and it conveys the ability to follow marks on the ground, mainly in the desert---It also denotes the ability to examine resemblance in bodily and physical features for the purpose of confirming family relationships, especially in paternity disputes.ORDERMUHAMMAD AMJAD RAFIQ, J.---Through this writ petition, the petitioners have assailed the order dated 17.10.2022 passed by learned Senior Civil Judge (Family Division), Hafizabad whereby the learned Judge has directed DNA analysis of minor Umme Mabad alias Maryam…

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