Law: Qanun-e-Shahadat (10 of 1984)

Section: 128

Qanun-e-Shahadat (10 of 1984)---

----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---Exparte 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.