A Father’s Denial: How Pakistan’s Supreme Court Upheld a Daughter’s Right to Legitimacy

The Case That Shook Lodhran

In the heart of Punjab’s close-knit community of Lodhran, a bitter family drama unfolded when Muhammad Akhtar Hussain Pirzada made an extraordinary demand in court: to legally disown his own daughter. What began as a marital dispute would become a 18-year legal odyssey testing the limits of paternity claims under Islamic law – culminating in a Supreme Court verdict that prioritized a child’s dignity over a father’s doubts.

Timeline of a Family Feud

2007

• After the collapse of his marriage to Mst. Nadia Khan, Akhtar faces two lawsuits:

  • Nadia’s claim for child maintenance for their daughter Nibah Noor

  • His own suit to salvage the marriage

• Family Court ruling: Under Islamic law’s presumption of legitimacy, Nibah is declared Akhtar’s lawful child

2008

• All appeals fail – courts uphold paternity finding due to Akhtar’s lack of counter-evidence

2019

• Akhtar obtains an ex-parte order from Kehror Pacca court declaring Nibah “not his daughter” (without Nadia present)

2022-2024

• Lahore High Court twice rejects Akhtar’s petitions for DNA testing

• Medical Board refuses testing request

April 2025

• Supreme Court delivers final verdict

The Legal Battle Reaches Its Climax

Before Chief Justice Yahya Afridi and Justice Shakeel Ahmad, the arguments boiled down to three key questions:

1. Could a 2019 ex-parte order override 2007/2008 final judgments?

   • Court’s view: No – prior rulings with both parties present carried more weight

2. Was Akhtar entitled to DNA testing after 18 years?

   • Court cited: Islamic law’s strong presumption of legitimacy (Shah Nawaz v. Nawab Khan, PLD 1976)

   • “A child born in wedlock is presumed legitimate unless conclusive proof shows otherwise”

3. Did res judicata bar reopening the case?

   • Finding: Yes – the paternity issue was conclusively decided in 2007-2008

The Supreme Court’s Groundbreaking Decision

In a unanimous ruling, the Court:
✔ Upheld Nibah’s legal status as Akhtar’s daughter
✔ Denied the DNA testing request
✔ Emphasized Islamic law’s protective stance toward children’s legitimacy

Key Excerpt from Judgment:
“The law prefers certainty in family relationships over belated challenges that could stigmatize innocent children. Where a valid Nikah exists and no evidence of non-access is presented, the presumption of paternity must prevail.”

Why This Case Matters

1. Children’s Rights Prevailed: The Court prioritized Nibah’s dignity over Akhtar’s late-stage doubts

2. Islamic Law Clarified: Reinforced the high threshold for challenging paternity in Muslim families

3. Legal Finality Upheld: Stopped endless litigation through res judicata principles

Lessons for Families:

• Paternity disputes require timely, conclusive evidence – not just suspicions

• Ex-parte orders can’t override properly litigated judgments

• Maintain meticulous marriage and custody documents