THE

 

QANUN‑E‑SHAHADAT ORDER, 1984

(X OF 1894). [28th October, 1984)

PART III

 

PRODUCTION AND EFFECT OF EVIDENCE

 

CHAPTER IX

 

OF THE BURDEN OF PROOF

 

 

128. Birth during marriage conclusive proof or legitimacy. (1) The fact that any person was born during the continuance of a valid marriage between his mother and any man and. not earlier than the expiration of six lunar months from the date of marriage, or within two years after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless:‑

 

(a)  the husband had refused, or refuses, to own the child; or

 

(b) the child was born after the expiration of six lunar months from the date on which the woman had accepted that the period of Iddat had come to an end.

 

(2) Noting contained in clause (1) shall apply to a non‑Muslim if it is inconsistent with his faith.