Law:

Section:

Islamic law-----Parentage---Acknowledgement---Legitimacy---Child born during the continuance of a valid marriage and not earlier than the expiration of six lunar months from the date of such marriage or within a period of two years after the dissolution of the marriage, shall be the conclusive proof that the child so born is the legitimate child of the spouses provided the mother remained unmarried---In the present case, there was no evidence or proof whatsoever to affirm that minor was born after divorce, nor any evidence existed on record that mother of the minor had been living in adultery and the minor was being disowned by the father with sole object and intention of 'avoiding the liability to maintain the minor child---Minor having born out of the wedlock between both the spouses, would inevitably be deemed to be a legitimate child and as such lawfully entitled to be supported by the father. Mst. Hamida Begum v. Mst. Murad Begum and others PLD 1975 SC 624; Nazir Fatima v. Ghulam Fatima and others 1987 CLC 2073; Bashir Ahmed v. Ilam Din and others PLD 1988 SC 8; Rehmat Khan and 3 others v. Rehmat Khan and another PLD 1991 SC 275; Muhammad Tallat v. Mst. Yasmin Zohra and another 1992 CLC 1180; Manzoor-ul-Haq and 3 others v. Mst. Kaneez Begum 1993 CLC 109; Muhammad Hussain alias Muhammad Yar v. Sardar Khan and 11 others PLD 1993 Lah. 575 and Muhammad Pervez v. Additional District Judge and others 2000 CLC 1605 ref. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Through instant petition, Sharafat Ali Ashraf, petitioner, seeks leave against the order of learned Single Judge of Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 25-4-2008 whereby petitioner's Writ Petition No.847 of 2007 has been dismissed. 2. The facts gathered from the record of the case precisely stated are, that petitioner married Mst. Fazal Elahi alias Saira, respondent No.3, on 18-12-2004. At the time of Nikah, cash amount of Rs.15,00,000 or a residential house and gold ornaments weighing 25 Tolas were fixed as dower. The amount of Haqulmehr was incorporated in the relevant column of Nikahnama. After some time, petitioner contracted second marriage on account of which relations between the…

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