What are Principles of Legitimacy when Husband repudiating a child

Citation Name  : 2007  CLC  1145     LAHORE-HIGH-COURT-LAHORE
  Side Appellant : ZAHEER AHMAD
  Side Opponent : Mst. NASIMAN BIBI alias NASIM BIBI

—Legitimacy—Husband repudiating a child —Principles—Husband who wishes to repudiate the child , so born, can only do so by procedure of Li’an—Such husband swears before Qazi that child is illegitimate and fruit of adultery, in which case the Court passes a decree, not only of dissolving the marriage but also declaring the child illegitimate —Such husband has to disown the child immediately on the birth of child or on having knowledge of such birth—Strong and unimpeachable evidence is required to prove illegitimacy and one has to prove that child was born after a lapse of three consecutive periods of “Tohar” subsequent to death or divorce by husband, as “Iddat” comprises. of three .periods of “Tohar”.

 

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