Legitimacy of child —Presumption under Muhammadan Law in Pakistan

 

Citation Name  : 2000  CLC  1605     LAHORE-HIGH-COURT-LAHORE
  Side Appellant : MUHAMMAD PERVEZ
  Side Opponent : ADDITIONAL DISTRICT JUDGE

Muhammadan Law Legitimacy of child —Presumption—Two child ren were born during existence of marriage of spouses—Husband had alleged that one of the two child ren was illegitimate and it was not born in wedlock. If husband was so sure that child was illegitimate he could have pressed in Court for D.N.A. test or he could have brought other evidence on record to prove that the child was illegitimate —Mere registration of F.I.R. against wife was no proof for alleged fornication committed by wife—Evidence produced on record had shown that wife was living in house of husband in early days of pregnancy— Evidence produced by husband on record in respect of alleged illegitimacy of child had been proved to be not confidence inspiring and untrustworthy–Effect—Islam had put great emphasis on sacred right of reputation of a person in the society especially of women, the weaker vessel—Strictest. possible mode of scrutinising evidence of truthful witnesses, who had not committed minor sin and also the major sin, was required to prove allegation of Zina—Any child being born after six months of wedlock, would be a legitimate child unless otherwise proved by solid evidence—Disclaimer of legitimacy of child having not been proved with cogent and reasonable evidence, Courts below had rightly .found child to be legitimate–Constitution of Pakistan (1973), Art. 199.

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