| Case ID |
0a5a5dfa-d374-48ae-b4b2-ac849136fc7e |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2888 of 2009 |
| Decision Date |
Jan 21, 2010 |
| Hearing Date |
|
| Decision |
The Peshawar High Court upheld the decrees of the Family Court and the Appellate Court, ruling that the child born to the petitioner and respondent was legitimate. The court emphasized the legal presumption of legitimacy under Islamic law, stating that a child born within six months of marriage is presumed legitimate unless proven otherwise. The petitioner's claims of the child's illegitimacy were dismissed due to a lack of credible evidence, including the absence of a DNA test or blood grouping tests. The court found that the petitioner had engaged in deceptive tactics to avoid his financial responsibilities, including maintenance and dower payments. The ruling reinforced the state's obligation to protect the family unit and the rights of the child, dismissing the petitioner's claims and imposing costs due to his conduct. |
| Summary |
In the case of Writ Petition No. 2888 of 2009, the Peshawar High Court addressed significant issues surrounding the legitimacy of a child born during a marriage, emphasizing the legal protections afforded to families under Islamic law. The court ruled in favor of maintaining the decisions of the Family Court and the Appellate Court, which had previously recognized the child as legitimate despite the petitioner's claims to the contrary. The petitioner, a doctor, argued that the child was born prematurely, asserting that this disqualified the child from legitimacy. However, the court highlighted the presumption of legitimacy provided by Islamic law, which states that a child born within six months of marriage is presumed legitimate. The court criticized the petitioner's failure to provide substantial evidence to support his claims, noting that he did not pursue available legal avenues such as DNA testing. The ruling underscores the importance of protecting the rights of children and families, particularly in cases involving allegations of illegitimacy, and serves as a reminder of the legal obligations of parents to support their children. The decision further reinforces the state's role in safeguarding the family structure and ensuring that children are not unjustly stigmatized. This case is pivotal in setting precedents for future family law cases, particularly regarding the interpretation of legitimacy and the responsibilities of parents under both Islamic and constitutional law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
DOST MUHAMMAD KHAN,
ABDUL AZIZ KUNDI
|
| Lawyers |
Muhammad Siddique Haider Qureshi
|
| Petitioners |
WAQAR AHMAD
|
| Respondents |
3 others,
NOMINA AKHTAR
|
| Citations |
2010 SLD 266,
2010 PLD 10
|
| Other Citations |
Mst. Hameeda Begum's case PLD 1975 SC 624,
Bashir and other's case PLD 1988 SC 8,
Shah Nawaz and another's case PLD 1976 SC 767,
Muhammad Riaz's case 1997 MLD 142,
Mst. Ghulam Fatima's case 1987 MLD 172,
Muhammad Arshad's case PLD 2008 Lah. 302
|
| Laws Involved |
Family Courts Act, 1964,
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan, 1973
|
| Sections |
5,
Sched, 14,
128,
199,
35
|