Lahore:
Will the mother or father of the children born without abuse or marriage? In this regard, the court issued an important verdict.
The High Court set a new legal point in its judgment, according to which it is the responsibility of the biological father to support the rap (rapid) or children born without marriage.
Justice Ahmed Nadeem Arshad issued a 15 -page written decision at the request of Mohammad Afzal. The court re -remanded the trial court for a 5 -year -old girl’s claim claim.
The court directed the trial court to make decisions again in light of the evidence.
The Lahore High Court ruled that if the woman proves that the baby’s biological father is the applicant, then the trial court should fix the child’s expense. The court also directed all parties to appear before the trial court.
According to the verdict, justice and equality require that if the baby’s biological father proves, he is bound by his expenses. The one who is responsible for the birth of a girl is also responsible for her expenses. The biological father also has the moral responsibility to take responsibility for his illegitimate child.
The court wrote in the judgment that according to the record, the petitioner allegedly abused the female Mary in 2020. A case has been registered against the petitioner under the provisions of the rape. The woman gave birth to a daughter as a result of the alleged abuse. The woman filed a claim against the biological father for the girl’s expense.
According to the verdict, the petitioner stated in the trial court that the girl was not her, so the claim of the expense should be rejected. The trial court acknowledged the woman’s claim and fixed the girl’s expenses. Applicant Mohammad Afzal approached the Lahore High Court against the trial court decision.
The court said that this is not a minor case of child expenses. There is a difference between the legal and biological child’s term. A biological child can be born without marriage or by marriage. A legitimate child is born as a result of legal marriage.
The verdict states that if a claim is filed for the expense of a legitimate child, according to Muslim laws, the trial court has the authority to spend interim expenditure. When a woman files a claim for the expense of a biological child and the father refuses to admit that the child is not his, then the story is different.
According to the court decision, it is the responsibility of the woman to prove the child’s childbirth. There are a number of methods to know the status of a child in Islam. Before deciding a child’s expense claim, it is important to see the child’s legal biological status.
The verdict stated that if the child’s childbirth is in doubt, the court should settle the matter before deciding the expense. It is non -transparency to set the expense without the legal status of the child. During the arguments in the trial court, the petitioner’s lawyer raised objections to the court. According to the applicant, the woman needed a certificate from the respective court to prove the child’s childbirth.
The court wrote in the judgment that according to the petitioner, he was not responsible for the upbringing of an illegal child. The judicial verdict also cited Quranic verses, hadiths and Shariah court decisions. The West Pakistan Family Act 1964 was designed to deal with marriage and other family affairs.
According to the verdict, the petitioner’s family’s objection to the jurisdiction of the court is not correct. Under Section 488 of the CRPC, the magistrate has the jurisdiction for family matters. Family laws do not mention any legitimate or legitimate child anywhere. Bangladesh’s legal system has given rights to children born as a result of rap.
