Mst. Rubina Kausar v. Additional Sessions Judge, PLD 2017 Lahore 604 (Pakistan)

The plaintiff daughter of the deceased filed a suit for declaration and cancellation of mutations executed in favor of her uncle, the brother of the deceased. Plaintiff alleged that she is the only daughter of the father who was a follower of the Shia faith, hence, she is entitled to inherit the estate of her father. The respondent, on the other hand, claims that the decedent died without issue, and that plaintiff is falsely claiming to be his daughter. In the absence of issue, his property is to be inherited by his brother under the law. After the case was scheduled for final arguments, the respondent applied for permission to do a DNA test on the paternity of the plaintiff. The court held that there is no need for the DNA test when there is independent evidence available on record. To compel a person to submit to a medical examination without consent is tantamount to an interference with her fundamental right to life and liberty, particularly when there is no provision of law authorizing the court to compel a person to undergo such a medical test against her wish. Moreover, it would open floodgates for the application of such testing in inheritance disputes. It is an admitted fact that during the lifetime of the deceased, the paternity of the plaintiff was never disputed. It was only when she claimed a share in the property of the deceased father that her paternity was questioned. The court denied the application for DNA testing.