When a husband can disown a child

CLC  1145     LAHORE-HIGH-COURT-LAHORE2012
Citation Name  : 2007  CLC  1145     LAHORE-HIGH-COURT-LAHORE Side Appellant : ZAHEER AHMAD Side Opponent : Mst. NASIMAN BIBI alias NASIM BIBI ---Legitimacy---Husband repudiating a child ---Principles---Husband who wishes to repudiate the child , so born, can only do so by procedure of Li'an---Such husband swears before Qazi that child  is Illegitimate  and fruit of adultery, in which case the Court passes a decree, not only of dissolving the marriage but also declaring the child Illegitimate ---Such husband has to disown the child  immediately on the birth of child  or on having knowledge of such birth---Strong and unimpeachable evidence is required to prove illegitimacy and one has to prove that child  was born after a lapse of three consecutive periods of "Tohar" subsequent to death or divorce by husband, as "Iddat" comprises. of three .periods of "Tohar".
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error, let us know.