The biological mother of respondent No.2 has instituted the suit for recovery of maintenance allowance by claiming therein that she was raped by the present petitioner and for this occurrence an F.I.R. bearing No.134 dated 04.03.2020 was registered against him for offences under Section 376, 109 of Pakistan Penal Code, 1860. Contention of said lady in the plaint is that as a result of rape, she conceived and ultimately minor respondent No.2 was born on 27.05.2020, hence, being biological daughter of the petitioner, minor is entitled to recover maintenance allowance. The petitioner/defendant turned up before the Court and contested the suit by filing written statement in contrast whereby he negated the version of respondent No.2 and claimed that minor is not his daughter either legitimate or illegitimate.
equity, fair-play and justice demands that the respondent No.2, if proves to be a biological child of the petitioner, then she must be compensated and maintained by him. The person, having begotten the child, is bound to provide for its maintenance. The biological father is also morally under obligation to maintain his illegitimate child. For the aforementioned reasons, this petition is hereby allowed.
Consequently, the matter is remanded to the learned Trial Court with the direction to record the plaintiff’s evidence regarding the specific claim made in the plaint that the petitioner/defendant is the biological father of respondent No. 2, If, after recording the evidence, the Court concludes that the minor is indeed the biological child of the defendant, the proceedings may continue for the determination of the maintenance allowance.