LHC for end to minors' legitimacy question

The Lahore High Court (LHC) has urged the legal fraternity to discourage the growing practice of challenging the legitimacy of minors in suits for maintenance allowance, warning that such actions create doubt and insecurity, undermining a child's identity, dignity and sense of belonging.

Justice Ahmad Nadeem Arshad, while dismissing a petition filed by Sakhawat Hussain challenging the paternity of a minor, observed that this trend erodes trust in family units and the legal system, which are designed to protect vulnerable children.

In a detailed judgment issued on November 5, Justice Arshad highlighted that granting legal protection to women and children is vital for preserving the institution of the family.

He stated: "It is for the honour and dignity of women and innocent children, and the value placed on the family institution, that they are granted legal protection against stigmatisation."

The case stemmed from a maintenance allowance suit filed by a woman for herself and her minor son, Sadaqat Hussain.

The petitioner, Sakhawat Hussain, denied paternity and sought a DNA examination to prove the child was not his son.

Both the trial court and an appellate court dismissed his requests in March 2023. Hussain approached the LHC, where his plea was ultimately rejected.

Justice Arshad noted that questioning a child's paternity during a maintenance suit is often used as a tactic to evade financial responsibility rather than a legitimate claim based on evidence. He stressed that courts must prioritise the child's emotional welfare and not allow DNA testing to be misused for harassment or delay.

"Encouraging such practices would only erode trust in the family unit and the legal system. The use of DNA tests to challenge paternity should not become a tool for harassment," Justice Arshad remarked.

The judgment also criticised the ethical implications of these tactics, which are often motivated by personal animosity or financial concerns, calling for stricter measures to deter such behavior.

The petitioner had married the respondent on January 11, 2018, but divorced her on August 17, 2018.

The minor, Sadaqat Hussain, was born on March 1, 2019, approximately six and a half months after the dissolution of marriage. While the petitioner acknowledged the marriage, he denied paternity of the child, prompting his legal challenge.

The court dismissed his claims, reaffirming the responsibility of fathers to provide for their children regardless of disputes over paternity unless supported by substantial evidence.