DNA test with relative not conclusive proof of paternity without direct comparison with alleged father: SC

ISLAMABAD  –  The Supreme Court has held that a genetic test conducted with a relative of an alleged father, in the absence of a direct DNA comparison with the alleged father, cannot constitute conclusive proof of paternity, adding that the evidentiary value of such a test has to be assessed in light of other available evidence. A three-member bench comprising Justice Muhammad Ali Mazhar, Justice Irfan Saadat Khan and Justice Shahid Bilal Hassan gave the ruling while deciding a petition filed by Barkat Khan and others against a judgment of the Peshawar High Court, Abbottabad Bench.

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In its detailed written judgment, the Supreme Court explained that a direct DNA paternity test involves comparison of genetic samples of a child and the alleged father. Where the alleged father is unavailable, a genetic comparison with another relative constitutes an indirect kinship analysis. The court observed that the DNA test presented in the instant case was not based on a direct comparison with the alleged father. Therefore, it could not be treated as a conclusive determination of the question of paternity. The judgment said courts were required to consider, besides DNA evidence, official records maintained by the National Database and Registration Authority (NADRA) and the Union Council, documentary evidence and testimony of witnesses in their overall assessment of the case. The Supreme Court observed that the Peshawar High Court had reached its conclusion after examining the available evidence and official record in detail. There was no indication that any material piece of evidence had been ignored or misread by the high court, it added. The apex court dismissed the petition for being devoid of merit.

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