“Paternity Laws in Pakistan: Legal Rights, DNA Testing, and Court Rulings”

Legal Principles on Paternity and DNA Testing in Pakistan

Table of Contents

1. Introduction
2. Presumption of Paternity Under Islamic Law
3. Role of DNA Testing in Paternity Cases
4. Burden of Proof in Paternity Cases
5. Legal Findings from the Case
6. Key Takeaways
7. Legal Assistance from Advocate Muhammad Amin

Introduction

Paternity disputes are sensitive legal matters. The recent case P L D 2025 Sindh 15 (Dur Muhammad Malik v. Zafarullah Malik & Others) highlights key legal points on paternity, DNA testing, and the burden of proof.

Presumption of Paternity Under Islamic Law

Under Article 128 of the Qanun-e-Shahadat Order, 1984, a child born during a valid marriage is presumed legitimate. Islamic law favors legitimacy over illegitimacy. A father cannot deny paternity without strong evidence. Documentary proof carries more weight than verbal claims.

Role of DNA Testing in Paternity Cases

DNA testing is not a default requirement. Courts use it only when other evidence is inconclusive. The Supreme Court (PLD 2023 SC 461) ruled that DNA testing is allowed if both parties provide equal evidence. In this case, the father asked for a DNA test after 18 years. The court rejected his request since documentary evidence already proved paternity.

Burden of Proof in Paternity Cases

The person denying paternity must provide proof. In this case, the father claimed he divorced the mother in 1998. But he provided no documentary proof. The mother stated she stayed married to him until 2002. The court upheld the presumption of marriage due to their prolonged cohabitation.

Legal Findings from the Case

• Paternity cannot be denied without strong evidence.
• A child born in wedlock is legally the husband’s child.
• A father’s denial is not enough to challenge legitimacy.
• The court will not order a DNA test without valid reasons.
• Documentary evidence, like school records, strengthens paternity claims.

Key Takeaways

1. Paternity of a child born in marriage is legally valid.
2. DNA testing is allowed only when no clear evidence exists.
3. The father must provide proof if he denies paternity.
4. A father’s late denial weakens his case.
5. The law supports legitimacy unless proven otherwise.

Legal Assistance from Advocate Muhammad Amin

If you need legal help with paternity cases, family law, or civil matters, consult Advocate Muhammad Amin. He specializes in family disputes, inheritance claims, and civil litigation.

Contact Advocate Muhammad Amin at 0313 9708019 or visit his office at Office No. 14, Zeb Plaza, University Road, Tahkal Payan.