While dismissing plea of a father seeking DNA test to disprove paternity of his child, Lahore High Court ruled that under Muslim Personal Law father is competent to deny legitimacy of the child immediately or within 40 days of the postnatal period.
According to Article 128 of the Qanun-e-Shahadat Order (QSO) a child born to a woman during the period of valid marriage or within two years of dissolution is a conclusive proof of legitimacy of the child where the woman remained unmarried after divorce.
A single-member bench comprising Justice Ahmad Nadeem Arshad while hearing a writ petition against Family Court order which dismissed application for DNA examination of the child in suit for recovery of maintenance. The Bench said in its order, “Therefore, the petitioner cannot be allowed to challenge the paternity of a child through a DNA test, as the presumption of legitimacy under Article 128 of the QSO is conclusive, and the time for disputing paternity has passed according to Muslim Personal Law”.
Citing Ghazala Tehsin Zohra v. Mehr Ghulam Dastagir Khan (PLD 2015 SC 327) verdict of the Supreme Court the Bench said it explained that the conclusive proof of legitimacy serves societal purposes, ensuring that paternity is not frivolously challenged.
The Court emphasized that the law deliberately avoids allowing evidence to disprove a child’s legitimacy, as the presumption of legitimacy is intended to prevent harm to the child and mother. Later, the Bench dismissed writ petition saying orders of the Trial Court and Appellate Court are upheld. The request for a DNA test is denied as it does not meet the legal criteria for challenging paternity after the prescribed period.
