Law: Qanun-e-Shahadat Order, 1984

Section: 46(5),64(b)

Facts Respondent Muhammad Jehangir filed a suit seeking a declaration that Mst. Hooria was his biological daughter. He alleged that because his brother Muhammad Tufail had no children, he and his wife gave the child to him only for upbringing (adoption), but Tufail unlawfully recorded himself as her biological father in NADRA, school records, passport, and other official documents. Muhammad Tufail denied the allegation and maintained that Mst. Hooria was his biological daughter, relying on official records. The Trial Court dismissed the suit, but the Additional District Judge (Appellate Court) reversed the judgment in favour of Muhammad Jehangir. Muhammad Tufail filed the present Civil Revision before the High Court. Core Issues Whether Muhammad Jehangir proved that Mst. Hooria was his biological daughter. Whether long-standing official records showing Muhammad Tufail as father could be displaced by oral evidence. Whether the appellate court correctly reversed the trial court's findings. High Court Findings The Court held that official documentary evidence overwhelmingly supported Muhammad Tufail's case. The Birth Certificate, Child Registration Certificate (Form-B), Family Registration Certificate, school records, and passport consistently recorded Muhammad Tufail as the father since 2016, years before the litigation. The respondent failed to produce: Hospital birth records, Medical evidence, Birth registration, Delivery records, or Any reliable documentary evidence proving biological parentage. The Court observed that the suit was filed after nearly 13 years, only when relations between the brothers had deteriorated, which seriously affected the credibility of the claim. A Fatwa was held to have no evidentiary value in determining biological parentage. The Court noted that DNA testing was never requested before the trial court, and in any event, since the parties were real brothers, DNA evidence alone might not conclusively determine paternity. The welfare and psychological well-being of the minor were treated as paramount. The child had lived her entire life with Muhammad Tufail, regarded him as her father, and disturbing that settled status would…