Establishing paternity for a child born out of wedlock is a sensitive and complex matter, especially in countries like Pakistan where family laws are deeply rooted in religious and cultural values. This article aims to provide a comprehensive guide on how paternity can be established, referencing the relevant laws, court decisions, and religious principles, along with practical legal guidance.
Relevant Laws in Pakistan
In Pakistan, matters related to paternity fall under Islamic law and the Family Law Ordinances. Key references include:
- The Muslim Family Laws Ordinance, 1961 – This ordinance outlines the procedures for marriage, divorce, and the legitimacy of children.
- The Constitution of Pakistan, Article 35 – It obliges the state to protect the family, the marriage, the mother, and the child.
- The Qanun-e-Shahadat Order, 1984 (Law of Evidence) – This law governs evidence, including DNA testing and other proofs of paternity.
Original Local Terms
The term for legitimacy in local legal language is نسب (Nasab). For a child born out of wedlock, establishing Nasab is necessary to ensure the child’s rights, such as inheritance and maintenance.
Procedures for Establishing Paternity
1. Voluntary Acknowledgment
If the alleged father voluntarily acknowledges the child as his own, the paternity can be established without further legal proceedings. The acknowledgment must be:
- Explicit and unequivocal.
- Made publicly or in front of witnesses.
2. Judicial Process
If paternity is disputed, the following legal steps are taken:
a. Filing a Suit
The mother or guardian of the child can file a suit under the Family Courts Act, 1964. The petition should include:
- Details of the relationship between the mother and the alleged father.
- Evidence such as correspondence, photographs, or witnesses.
b. DNA Testing
Under the Qanun-e-Shahadat Order, 1984, Section 164 allows for scientific evidence, including DNA testing, to be presented in court. DNA testing is increasingly recognized as a decisive method for determining paternity. However, courts often consider it supplementary evidence and require corroborative proof.
c. Court Decisions
The Family Court, based on evidence and legal arguments, may issue an order to establish or deny paternity.
Relevant Case Law
- Supreme Court of Pakistan Decision
In a landmark decision (PLD 2019 SC 382), the Supreme Court of Pakistan emphasized the importance of scientific evidence, including DNA tests, in establishing paternity while aligning with Islamic principles. - High Court Decisions
The Lahore High Court in a judgment (PLD 2018 Lahore 322) highlighted that the welfare of the child should remain paramount and that DNA testing must be approached with sensitivity to avoid stigmatization.
Islamic Perspective
The Quran provides clear guidelines on family matters, including legitimacy. Surah Al-Ahzab (33:5) states:
“Call them by [the names of] their fathers; it is more just in the sight of Allah.”
Islam emphasizes the importance of Nasab (lineage) and maintaining familial bonds. However, Islamic jurisprudence also underscores the necessity of adhering to moral and ethical standards in such sensitive cases.
Frequently Asked Questions (FAQs)
- What legal rights does a child born out of wedlock have in Pakistan?
A child born out of wedlock is entitled to basic rights, such as maintenance and inheritance from the mother. Establishing paternity can extend some of these rights. - Can DNA testing alone prove paternity?
While DNA testing is a strong piece of evidence, it is not the sole determinant. Courts require corroborative evidence under the Qanun-e-Shahadat Order, 1984. - What is the role of witnesses in paternity cases?
Witness testimony can support claims of paternity and is often required alongside scientific evidence. - Can the alleged father refuse DNA testing?
If the alleged father refuses DNA testing, the court may interpret this as an adverse inference against him under the principle of “adverse presumption.” - Who can assist in paternity cases?
Legal experts like Azam Ch Advocate from Sattaria Law Associates are experienced in handling such cases. Contact them at:
- Address: 220, 221, 222 District Courts Okara
- Google Map: Click here
- Mobile & WhatsApp: +92 300 6954414
- Website: www.azamchadv.com
Establishing paternity is a multifaceted legal and moral issue. Individuals involved in such cases must seek expert legal and religious counsel to navigate this sensitive matter effectively.
