78/2023 R.A (Civil Revision) Dur Muhammad Malik (Applicant) V/S Zafarullah Malik & others (Respondent)
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
78/2023 R.A (Civil Revision) Dur Muhammad Malik (Applicant) V/S Zafarullah Malik & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 26-JAN-24
Respondent/Zafarullah, born in the year 2000, claimed paternity from Applicant/Dur Muhammad, except that his father, Dur Muhammad, took the position that he divorced Zafarullah's mother, Zulekhan, in 1998. Zafarullah's mother, his phuppi and step-father, all gave oral testimony that Zafarullah's mother was divorced in 2002. Dur Muhammad produced no evidence under DMMA in support dissolution of marriage that he divorced his first wife (Zafarullah's mother) in 1998. DNA testing would not come to his aid in the facts and circumstances of the case. Presumption of Article 128 of Qanun e Shahadat Order 1984, presumption of marriage and his evidence did not support Dur Muhammad's cause. Revision Dismissed.