آرٹیکل 128 قانون شہادت ، 1984 نے کسی بھائی کو اپنی بہن کے پیٹرنٹی کو چیلنج کرنے کی اجازت نہیں دی --- مدعی کے ذریعہ دائر کردہ سوٹ کو سپریم کورٹ نے خارج کردیا۔
Only Putative Father May Challenge Paternity of Child, Not Putative Brother: Supreme Court of Pakistan
Introduction
The case of PLD 2019 SC 449 concerned a dispute over paternity.
The plaintiff, Ms. Laila Qayyum, filed a declaratory suit seeking directions that the defendant-lady, Fawad Qayyum, was not her real sister but was adopted by her parents.
The defendant's argument
The defendant argued that the suit was barred by Article 128 of the Qanun-e-Shahadat, 1984, which provides that only a putative father, within the time prescribed in the article, may challenge the paternity of a child.
The Supreme Court's decision
The Supreme Court agreed with the defendant's argument and dismissed the suit.
The court held that Article 128 of the Qanun-e-Shahadat, 1984 did not permit a putative brother to challenge his sister's paternity.
The court also noted that the father of the parties had never challenged the defendant's paternity.
Significance of the decision
The Supreme Court's decision in PLD 2019 SC 449 is significant because it clarifies the scope of Article 128 of the Qanun-e-Shahadat, 1984.
The decision makes it clear that only a putative father may challenge the paternity of a child, and that a putative brother does not have this right.
The decision is also significant because it emphasizes the importance of maintaining the stability of family relationships.