Legal Issues on Article 128 Qanoon e Shahadat Order 1984
Table of Contents
Presumption of Legitimacy
Article 128 of the Qanoon-e-Shahadat Order 1984 (QSO) states that "the birth of a child during the marriage of its mother is conclusive proof of the legitimacy of the child." This means that, in a legal proceeding, if a child is born to a married woman, the court will presume that the child is the legitimate offspring of the woman's husband.
Scope of the Presumption
The scope of the presumption of legitimacy is a matter of debate. Some argue that the presumption only applies to children born within the first two years of the marriage. Others argue that the presumption applies to children born at any time during the marriage, even if the marriage is later dissolved.
Burden of Proof
If the presumption of legitimacy is challenged, the burden of proof is on the person challenging the presumption to show that the child is not the legitimate offspring of the woman's husband.
Admissibility of Evidence
The types of evidence that can be used to rebut the presumption of legitimacy are also a matter of debate. Some argue that only DNA evidence can be used to rebut the presumption. Others argue that other types of evidence, such as the child's resemblance to the woman's husband, can also be used to rebut the presumption.