| Case ID |
67af5653-6384-4910-bfd7-f5efbc2caf68 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 19- |
| Decision Date |
Apr 01, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, affirming the concurrent findings of the lower courts that the respondents were legitimate sons of the petitioner. The court noted that the petitioner failed to provide sufficient evidence to support his claim that the respondents were illegitimate. The dismissal of the revision petition was deemed appropriate as the matter involved a pure question of fact without any jurisdictional issues. The court emphasized the application of Section 112 of the Evidence Act, which establishes that children born during a valid marriage are presumed legitimate unless proven otherwise. |
| Summary |
In the landmark case of Khan Muhammad vs. Muhammad Ishaque, the Supreme Court of Pakistan addressed the legitimacy of children born during a marriage. The petitioner, Khan Muhammad, contested the legitimacy of the two respondents, asserting they were born out of wedlock. The court found that the petitioner had failed to establish his claims, as the evidence indicated the respondents were born during the lawful marriage of the petitioner to Mst. Kalsum. The decision underscores the importance of legal frameworks like the Civil Procedure Code and Evidence Act in determining familial legitimacy, as well as the significance of concurrent judicial findings in appeals. This case serves as a critical reference for issues surrounding family law, legitimacy, and the evidentiary standards required to challenge established facts in court. With trends in family law evolving, this case remains a pivotal point for legal professionals navigating similar disputes. The ruling emphasizes the necessity for credible evidence in claims of illegitimacy, reinforcing the legal presumption of legitimacy under the Evidence Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED,
MUHAMMAD GUL, JJ
|
| Lawyers |
Ch. Muhammad Sardar Khan, Advocate-on-Record
|
| Petitioners |
Khan Muhammad
|
| Respondents |
another,
Muhammad Ishaque
|
| Citations |
1975 SLD 323,
1975 SCMR 471
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Evidence Act (I of 1872)
|
| Sections |
115,
112
|