P LD 2009 Islamabad 11 (PLP)

SYED QALB-I-HASSAN, J.

Brief facts of the case are that Mst. Shamshad Bibi, the petitioner brought a petition under section 25 of Guardian and Wards Act with the assertion that she was married to Shakeel Masih on 9-11-2002 according to Christian rites and out of this wedlock a son namely Shameer Masih was born. The guardian petition was allowed and the minor Shameer Masih was handed over to the petitioner in execution proceedings. Afterwards the respondent No.1 moved an application in the executing proceedings and contended that in fact her son Rashi Shanawar Masih was recovered from her through the execution proceedings. The learned Executing Court prima facie being convinced with the contention of respondents No.1 and 2 handed over the minor to them. The present petitioner moved miscellaneous applications and ultimately prayed that the controversy may be resolved through DNA test of the contesting parties. The said application was accepted but it was observed that DNA test of respondent No.3, who is stated to be father of the minor, is also necessary for determination of exact result. The petitioner aggrieved by the above said observation filed an appeal and the learned Additional District Judge while disposing of the appeal observed as under:-- "The learned Trial Court is, anyhow, directed to adopt all the coercive measures for procuring the attendance of Shakil Masih in the court, in case he remained untrue, re-consider the application filed by the petitioner for DNA test and then to proceed strictly in accordance with law," The learned counsel for the petitioner contended that in the presence of the petitioner, minor and respondents Nos.1 & 2, DNA test can be conducted and the absence of respondent No.3 will not affect the result. The learned Deputy Attorney-General was called to assist the Court on the above said issue. However, during the arguments learned counsel for the parties agreed to summon some scientific officer of National Forensic Science Authority to take his view on the point involved in the writ petition. Therefore, Muhammad Jamil, Scientific Officer, National Forensic Science Authority was summoned and today he appeared before the Court and explained that DNA test will be effective even in absence of respondent No.3 when the petitioner claimant mother and respondents Nos.1 & 2 claimant couple along with the minor are available for the above said test. The learned counsel for respondents Nos. 1 and 2 raised no objection on conduct of DNA test of available persons. Therefore, with the consent of the learned counsel for the parties, the instant writ petition is disposed of with the direction to the parties to appear before the learned trial court on 8-4-2008. The learned trial Court is directed to refer the parties to available institute for B the conduct of DNA test of the concerned persons without further loss of time. The, learned trial Court shall decide the matter expediously in the light of reports of DNA test and all other available evidence after affording opportunity to the parties for leading evidence to support their respective claim. H.B.T./S-104/Isl.???????????????????????????????????????????????????????????????????????????????? Order accordingly.