Legitimacy of child
Legitimacy of child legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Trial Court instead of deciding the matter of Qazf, left the same to be placed before Almighty Allah on the Day of Judgment
Federal Shariat Court partly allowed appeal filed by petitioner/ex-wife and declared that allegation of Qazf was established against respondent/ex-husband
Federal Shariat Court did not impose punishment of Hadd as Tazkiyat-al-Shuhudwas not done for the witnesses, resultantly punishment was awarded as Ta'zir
Respondent/ex-husband was acquitted by Shariat Appellate Bench of Supreme Court
Petitioner/ex-wife sought review of the judgment passed by Shariat Appellate Bench of Supreme Court
Held, that for enforcing Hadd of Qazf, it is necessary that complainant must not withdraw the complaint
Even silence on the part of complainant amounts to Shubhah (doubt) which becomes an obstacle in the way of enforcing Hadd punishment
Petitioner/ex-wife did not press for punishing respondent/ex-husband, therefore, Hadd could not be enforced
Respondent/ex-husband had already been released after the judgment was announced by Shariat Appellate Bench of Supreme Court
Legitimacy of the child born to petitioner/ex-wife was conclusively established and she was entitled to all legal rights of a legitimate child under Islamic law and law of the land
Child born during subsistence of a valid marriage or within two years after its dissolution, under Article 128 of Qanun-e-Shahadat, 1984 is conclusive proof of legitimacy, provided that the woman remains unmarried after divorce
Act of respondent/ex-husband attracted rules of Qazf, not Li'an
Proceedings for Qazf could not be allowed to continue after the petitioner/ex-wife withdrew from the allegation
Judgment passed by Shariat Appellate Bench of Supreme Court was sustained to the extent of acquittal of respondent/ex-husband
Shariat review petition was allowed accordingly.
Child born during continuance of a valid marriage and not earlier than the expiration of six lunar months from the date of marriage or within two years after its dissolution, the mother remaining unmarried should be conclusive proof that he was the legitimate child of that man
Where incorporation of late birth entry of the child was termed to be dubious, mere such circumstance was not enough to discredit the strong presumption of law and facts upon the paternity issue
Revision was dismissed in circumstances.
Normally, individuals are not permitted to dispute a claim of 'lawful marriage' by two competent persons unless they prima facie show existence of reasons prejudicing their rights under such claim
Burden is always upon the person to prove, who denies or disputes the relation.
"Legitimacy of child", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124962023
Precedents & Case Laws citing "Legitimacy of child"
2000 C L C 1605
MUHAMMAD PERVEZ‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE and others‑‑‑Respondents
Court: Lahore2007 C L C 1145
ZAHEER AHMAD — Petitioner Versus Mst. NASIMAN BIBI alias NASIM BIBI and 3 others — Respondents
Court: LahoreP L D 1988 Supreme Court 8
BASHIR and others‑‑Appellants Versus ILAM DIN and others‑‑Respondents
Court: ‑‑‑ Terms "legitimacy" and "legitimation" ‑‑Distinction‑‑Meaning and purport discussed. p. 12 CP L D 2008 Lahore 302
MUHAMMAD ARSHAD — Petitioner Versus SUGHRAN BIBI and 2 others — Respondents
Court: High Court2017 M L D 1228
MUHAMMAD ASHIQ — Petitioner Versus RANI BIBI and 3 others — Respondents
Court: LahoreP L D 1984 Lahore 234
CHUHAR‑Petitioner Versus Mst. GHULAM FATIMA AND ANOTHER‑‑Respondents
Court: ‑‑S. 115‑Validity of marriage and legitimacy of child‑Question whether respondents were wife and son of ‑deceased, a question of fact‑Evidence should be appreciated, assessed and weighed very carefully‑Heavy onus on party pleading invalidity of marriage and illegitimacy of child to prove same through unambiguous and convin cing evidence‑Appellate Court applying conscious mind to relevant evidence and circumstances and giving cogent reasons to reverse findings of trial Court‑No material misreading/non‑reading found affecting decision of appellate Court‑Appellate Court relying on defendant's evidence and discarding that of plaintiff's‑Reappraisal of evidence by High Court and finding that witnesses having no ill‑will and straight forward‑Evidence of defendants confidence inspiring‑Held, validity of marriage and legitimacy of child was not doubtful in circumstances. Muhammadan law‑Burden of proof.P L D 2010 Peshawar 10
WAQAR AHMAD — Petitioner Versus NOMINA AKHTAR and 3 others — Respondents
Court: High CourtP L D 1984 Supreme Court 343
Present : Justice Muhammad Afzal Zullah, Chairman, Justices Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Muhammad, Taqi Usmani, JJ Versus Criminal Petition for Leave to Appeal No. 3(S)-R of 1984, decided on 2nd April, 1984.
Court: P L D 1984 Supreme Court 353 Shariat BenchP L D 1993 Lahore 575
MUHAMMAD HUSSAIN alias MUHAMMAD YAR ‑‑‑ Appellant/Plaintiff Versus SARDAR KHAN and 11 others‑‑‑Respondents/Defendants
Court: ‑‑‑‑ Legitimacy ‑‑‑ Islam leans in favour of marriage and abhors illegitimacy ‑‑‑ Burden of proof ‑‑‑ Onus is on the party challenging the legitimacy of child.‑‑Burden of proof.1992 P Cr
SHAMSUL HAQ — Petitioner Versus and another — Respondents
Court: Federal Shariat Court