2005 PLP 876 (YLR)

Syed Ayaz Zahoor as amicus curiae. Adnan Ejaz for Respondent. Rafia (minor) produced from Darul Aman Present. Hussain Ali, S.‑I./S.H.O., Police Station, Brewery. Mst. Muqadasa Lady Constable. RAJA FAYYAZ AHMAD, C.J.‑‑ Rafia minor has been produced from Darul Aman Quetta by Hussain Ali, S.H.O. with the assistance of Muqudasa, Lady Constable, D.N.A. report of the blood samples of the petitioners and respondents namely, Nasrullah and Bibi Zainab has been received from the Centre for Applied Molecular Biology, Government of Pakistan, Ministry of Science and Technology, Lahore. Perusal of the report sent to this Court by Dr. Zahoor Ahmad shows that the Expert of the above‑said Laboratory conducted the required D.N.A. test of blood samples of both the groups of spouses who claim respectively to be parents of minor girl namely, Rafia. The analysis and necessary biological examination of the blood samples revealed that respondents Nasrullah and Mst. Bibi Zainab are the parents of minor Rafia, therefore, they are entitled to retain custody of the minor girl. Learned Advocate‑General as well as learned amicus curiae Syed Ayaz Zahoor senior Advocate in view of the D.N.A. report sent to this Court are of the view that since parentage of the minor girl stands scientifically determined by D.N.A. Test, therefore, respondents Nasrullah and Mst. Zainab Bibi having been found to be real parents of the minor are entitled for the custody of their minor daughter. Learned counsel for the petitioners Mr. Abdul Aziz Khilji expressed reservation as regards the DNA report is concerned on the ground that due to influence of the respondents a favourable report has been procured and that he intends that the blood samples of both the groups of spouses be again taken for D. N. A. Test through a foreign laboratory. Reservations so expressed by the petitioners learned counsel appears to be not sound. Respondents Nasrullah and Mst. Zainab are before us and they had earlier been also appearing before this Court who by appearance seem to be very poor persons belonging to a low social status, hence it cannot be believed that they are so capable to manipulate the result of D. N. A. test in their favour nor it can be expected of a highly reputed expert to have been influenced by any party. Hence; at this stage in view of the D.N.A. test report, we are inclined to hand over custody of the minor girl Rafia to respondents Nasrullah and Mst. Bibi Zainab being parents of the minor subject to furnishing of surety by Nasrullah in the sum of Rs. two Lacs and PR in the like amount to the satisfaction of Registrar of this Court that he shall produce the minor girl before the Court as and when required and shall look after the welfare and interests of his own daughter and shall maintain her effectively. Petition stands disposed of accordingly. In the light of D.N.A. report prima facie it appears that the petitioners knowing themselves fully well that they are not the real parents of the minor Rafia, yet claimed to be parents of the said minor girl but made false statements before this Court as well as filed false affidavits and statements in this Court, therefore, notice be issued to them each respectively to show cause as to why they may not be proceeded against in accordance with law. H.B.T./38/Q Order accordingly.