Table of Contents
- Introduction
- Factual Background
- Legal Issue
- Court’s Ruling
- Conclusion
- About Muhammad Amin Advocate
1. Introduction
This case involves a dispute over the paternity of a child, Tuba Sahab. The petitioners challenged her paternity after Azhar Hussain’s death. The Supreme Court of Pakistan decided the case on 14th November, 2022.
2. Factual Background
Azhar Hussain died on 4th June 2013. He was married to Riffat Shamim. Tuba Sahab, aged around 17 years, grew up as their daughter. Seven months after Azhar Hussain’s death, the petitioners filed a suit. They claimed she was the daughter of Muhammad Zareef, not Azhar Hussain.
3. Legal Issue
The legal issue centered around whether the petitioners could challenge Tuba Sahab’s paternity under Section 42 of the Specific Relief Act, 1877. The petitioners sought a negative declaration stating Tuba Sahab was not Azhar Hussain’s daughter.
4. Court’s Ruling
The Supreme Court dismissed the petition. It cited the Laila Qayyum case (PLD 2019 SC 449), which ruled that a person cannot file a suit to deny someone else’s paternity. The petitioners lacked the legal standing to challenge the paternity.
5. Conclusion
The Supreme Court upheld the High Court’s decision. It did not allow the petitioners to challenge Tuba Sahab’s paternity. This case clarified the application of Section 42 in paternity disputes.
6. About Muhammad Amin Advocate
Muhammad Amin is a licensed lawyer with over 7 years of experience. He provides legal services worldwide. His office is located in Peshawar, and he handles various legal matters, including family law and tax services. For legal assistance, you can contact him at 0313 9708019.