Paternity of children

Declaratory suit filed by the father seeking a declaration to the effect that he was not the natural/biological father of the children born during subsistence of his marriage, and that a DNA test be conducted to establish his denial of paternity

Non-impleadment of children as parties to the declaratory suit

Effect

Children in the present case had not been impleaded as parties in the suit filed by the father-plaintiff, which was a fatal flaw in the plaintiff's case and was by itself sufficient for the purpose of dismissing the suit because the mother could not act for or be compelled to act for or on behalf of the minor children

Fourteen years had passed since the institution of the suit, and it was quite extraordinary that the children who were to suffer opprobrium and vilification without their fault, for the rest of their lives should stand condemned without being given an opportunity of defending themselves through a proper and fair trial

Children were denied their right to plead the Qanun-e-Shahadat, 1984, and the Muslim Personal Law (Shariat)

No DNA test to determine paternity could possibly be conducted without the participation and involvement of the children whose legitimacy was being denied

Mother was wholly irrelevant for the purpose of a paternity test, however such aspect of the case had been overlooked by courts below

Appeal was allowed accordingly and declaratory suit filed by father was dismissed.