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Sanctity of DNA test under the law

· Not specified

This is an explainer of a Lahore High Court decision from 2008 dealing with how Pakistani law treats DNA testing when a father disputes his child's legitimacy.

In this case, a mother and her minor son filed a maintenance suit against the father, who denied the child was his and asked the Family Court to order a DNA test. The Family Court refused, and the father challenged that refusal before the High Court.

The High Court dismissed the father's petition. It held that legitimacy of a child is a serious matter with far-reaching consequences and cannot be decided casually. Under Pakistani law, a child born within a lawful marriage is presumed legitimate, following the principle that the "child follows the bed." A father cannot defeat this presumption through mere denial or accusation; he must provide solid proof and credible evidence, or pursue the formal legal procedure known as Liyan (a special court process for disowning paternity), which the father in this case had not done.

Since there was no real evidence to support the father's claim that the child was illegitimate, the court ruled the child, born during the marriage, must be treated as legitimate and was entitled to maintenance from the father.

This judgment matters because it shows that Pakistani courts protect children's legitimacy strongly, requiring solid legal grounds and proper procedure—not just a father's unsupported denial or a DNA test request—before paternity can be challenged.

Read the full judgment →