133/2025 II.A. Shams Din HIngorjo (Appellant) V/S Kamaluddin & others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)
133/2025 II.A. Shams Din HIngorjo (Appellant) V/S Kamaluddin & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author) Order Date: 15-APR-26
??? in a civil case where a party, who bears the burden of proving genetic relationship withholds consent for DNA testing, the Court may draw an adverse inference against such party under Article 129(g) of the Qanun-e-Shahdat Order 1984. ??? DNA Test is one of the best evidences to find out the truth or falsity of paternity without loss of time. ??? Legal decisions of the courts must fall within the boundaries of scientifically sound knowledge. ??? trial Court acts as a gatekeeper of the scientific evidence and must enjoy a good sense and understanding of science. ??? As science grows so will the forensic techniques, tools and devices. ??? Courts must be open to developments in forensic science and embrace new techniques and devices to resolve a dispute. ??? Such techniques and devices well established and widely accepted in the scientific community as a credible and reliable technique or device. ??? Once an appellate forum has given a clear and specific direction, trial court must carry out such direction as mandated.