Mother’s claim enough to determine parentage

LAHORE, Sept 1: Justice Ali Akbar Qureshi of the Lahore High Court has ruled a mother’s claim is sufficient to determine the parentage of a child. The judge decided this while dismissing a petition by Muhammad Bakhsh, who sought order for DNA test of his wife and her three alleged paramours.

“According to section 146 of 149 of Majmooa-e-Qawaneen-e-Islam edited by Dr Tanzeelur Rahman, evidence of woman would be sufficient to prove the parentage of a child,” the judge said.

The judge in his order also quoted a reported case of Supreme Court, Mst Hamida Begum vs Mst Murad Begum, wherein the court had held that to establish the legitimacy of the child evidence of mother and the child was sufficient.

Petitioner Muhammad Bakhsh of Muzaffargarh said according to a medical report, his semen was not fertile.

He said his wife, owing to a dispute left his house and remained with her parents for a while and came back after nine months. Later, through medical report he came to know that his wife was pregnant of about eight and half months whereas for nine months she was not with him.

He alleged that during her stay at her parents’ house, the woman developed illicit relations with Irshad, Pir Bakhsh and Allah Wasaya. He also got registered a case against these three persons with Jatoi police, Muzaffargarh.
Source: Dawn
Date:9/2/2008