DNA Test in Family Matter

DNA Test in Family Matter

Section 7 family court act, Art. 128 of Qanoon Shahadat order 1984—— DNA Test—Scope—Suit for recovery of dowry articles— Dower amount and maintenance for herself  and for mniors was filed by respondent wife and the same was pending trail before family court— Petitioner/husband during pendency of the suit disowned two miors daughters and sought permission to condict DNA Test—Application of petitioner /husband was dismissed by family court as wella s by lower appellate court—Validtiy— Birth certificates of two minors girls were brought on record which depicted that both mionrs girls were born when plaintiff was legally wedded wife of the defendant and he did not dispute the same— Plea that minors girls were not born out of the wedlock of parties was raised for the first time in weitten statement—Nothing was brought on record from the side of petitoner/husband to establish that he had disputed legitimacy of children soon after their birth—Petitoiner /husband remained silent till he filed written statement in the suit. DNA Test was always conducted with the consent of the person concerned and no such consent was available. Once consent was not given DNA Test could not be conducted—High Court declined to interfere in orders passed by two courts below. Constitutional Petition was dismissed in circumstances

2017 PLD Lahore 892