INHERITANCE OF ADOPTED CHILD
11) Abdul Latif vs. Learned
Additional
District Judge, Kasur
District Judge, Kasur
(PLJ 2014 Lah. 860)
Ch. Muhammad Masood Jahangir, J.
By means of this judgment the
Honorable
Lahore High Court, while dealing with a
question of paternity of an adopted child
emphasized the need to deploy the DNA test
methodology. The Court observed:
“The medical science has developed a lot in the
recent span of life while the Forensic Lab has
attained the level of perfection and the skill of
expert cannot be denied. A person can tell a lie,
but the medical science and its findings based
upon skilled tests through most modem
devices definity will be an aiding factor for the
Court to resolve the controversy. Matching of
relationship of one person to the other person
through DNA test with the aid of most modern
devices, to my mind, is the safest way to depict
the true picture of relationship. Throughout the
world, these tests have attained a symbol of
standard and correctness. It will be highly
unsafe to suggest that in Europe and other
modem countries, the report of such type of
tests is fully followed, but in our society, due to
lack of knowledge or unfairness, the result of
such type of test is not being given preference.
If such an approach is to be kept under
consideration, then other test arising out of
medical science would also become valueless.
We have to trust upon our skill and we have to
wait for the result of such a test which is yet to
be gathered. Before the said report comes into
existence, one cannot say that such report may
be unsafe due to lack of skill or defective
devices.”
“A large number of like nature cases are
pending before the Courts of law regarding the
adopted child where the inheritance
transactions of adoptive parents are under
question which may take years to years for its
final adjudication. The most modern scientific
test (DNA) will definitely be helpful in such like
cases too.”
Lahore High Court, while dealing with a
question of paternity of an adopted child
emphasized the need to deploy the DNA test
methodology. The Court observed:
“The medical science has developed a lot in the
recent span of life while the Forensic Lab has
attained the level of perfection and the skill of
expert cannot be denied. A person can tell a lie,
but the medical science and its findings based
upon skilled tests through most modem
devices definity will be an aiding factor for the
Court to resolve the controversy. Matching of
relationship of one person to the other person
through DNA test with the aid of most modern
devices, to my mind, is the safest way to depict
the true picture of relationship. Throughout the
world, these tests have attained a symbol of
standard and correctness. It will be highly
unsafe to suggest that in Europe and other
modem countries, the report of such type of
tests is fully followed, but in our society, due to
lack of knowledge or unfairness, the result of
such type of test is not being given preference.
If such an approach is to be kept under
consideration, then other test arising out of
medical science would also become valueless.
We have to trust upon our skill and we have to
wait for the result of such a test which is yet to
be gathered. Before the said report comes into
existence, one cannot say that such report may
be unsafe due to lack of skill or defective
devices.”
“A large number of like nature cases are
pending before the Courts of law regarding the
adopted child where the inheritance
transactions of adoptive parents are under
question which may take years to years for its
final adjudication. The most modern scientific
test (DNA) will definitely be helpful in such like
cases too.”
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