Laila Qayyum v. Fawad Qayyum, L D 2019 Supreme Court 449 (Pakistan)

A brother filed a suit against his sister, alleging that the latter was an abandoned infant at a local hospital who was adopted by his father and mother. The fact of adoption was supposedly concealed from the sister who was made to believe that she is a real daughter of their parents. The brother sought that the sister be declared not a real daughter of their parents and therefore has no right to their "legacy." He also prayed that the documents showing her to be a daughter of their parents be canceled. During the pendency of the suit, the brother sought that a DNA test be conducted to determine if she is a daughter of the parents. The court found that it could not legally make the declarations the plaintiff sought nor could it order the cancellation of the documents. It said that to keep such a suit pending only harasses the petitioner further and may deprive her of her inheritance. Notably, it is only a putative father who may challenge the paternity of a child, and birth during the marriage is conclusive proof of legitimacy.