| Citation(s) |
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| 2026 SLG 4041 = 2026 SLD 4041 |
Islamabad High Court
Writ Petition No. 339 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
02.02.2022 Rana Raza Tariq, Advocate.
Writ Petition No. 339 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
02.02.2022 Rana Raza Tariq, Advocate.
Shahbaz Ali
VERSUS
Mst. Sidra Shaheen, etc.
Law:
Section:
Summary The petitioner challenged the Family Court's refusal to order a DNA test of the minor during execution proceedings of a maintenance decree. The Court held that an Executing Court has limited jurisdiction and cannot grant substantive relief such as ordering a DNA test. Since the petitioner had already filed a separate declaration suit disputing paternity, the application was viewed as an attempt to delay payment of maintenance. The writ petition was dismissed in limine. Legal Core Points Executing Court has limited jurisdiction and can only enforce the decree; it cannot grant new substantive relief such as ordering a DNA test. The petitioner had already filed a separate suit for declaration challenging the child's paternity, where such issues could be decided. The maintenance decree had already been passed, and the petitioner's defence was struck off for non-payment of interim maintenance. The Court found the DNA application to be a delaying tactic aimed at avoiding compliance with the maintenance decree. Entertaining such applications in execution proceedings would amount to abuse of the process of law and unnecessarily prolong litigation. Result: Writ petition dismissed in limine; refusal to order DNA testing in execution proceedings upheld. ORDER SHEET The instant writ petition is arising out of order dated 23.12.2021, passed by the learned Senior Civil Judge/Judge FamilyGuardian Court, East-Islamabad, whereby application of the petitioner for conducting DNA test of the minor was dismissed by observing that:- “It appears that by filing application for DNA Test of the minor, the judgment debtor intends to earn a relief which cannot be granted in execution proceedings for which this Court has very limited jurisdiction”. Learned counsel for the petitioner contends that the petitioner and respondent No.1 got married in the year 2014 and out of their wedlock one daughter ‘Zainab Khatoon was born. The respondent No. 1 lived with petitioner for almost 1-1/2 year but during this period, once she left the house of petitioner for three months without any reason and gone to her parents’ home. After three months…