It was necessary to direct for DNA test

3. Learned counsel for petitioner argues that the impugned orders passed by learned Judge Family Court, Multan are against law, facts and liable to be set aside; that it has failed to be appreciated that petitioner took stance in written statement that respondent No.3 and 4 were not born out of the marriage of petitioner with Mst. Shamim Mai, respondent No.1 and to prove this fact, it was necessary to direct for DNA test and also to summon the Doctor/Pathologist of Noor Clinical Laboratory; that the impugned orders have been passed by learned Judge Family Court, Multan merely on the ground that petitioner had divorced respondent No.1 on 3.9.2012 and examination was conducted after two years of divorce. He places reliance on the judgments reported as “Mst. Shamshad Bibi v. Bushra Bibi and 3 others”(PLD 2009 Islamabad 11), “Naseer Ahmed v. Mst. Azrah and another”(PLD 2010 Karachi 61).

Part Of Judgment
Lahore High Court
Writ Petition-Family-Miscellaneous
9730-15
2017 LHC 238

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