Application for DNA Test Court Order

IN THE COURT OF court_designation, district

In Case / Suit No. case_number of year Application under Article 164 of the Qanun-e-Shahadat Order 1984 read with the inherent powers of this Honourable Court

applicant_name, son of applicant_father, holder of CNIC No. applicant_cnic, resident of applicant_address ... Applicant

VERSUS

respondent_name, son of respondent_father, resident of respondent_address ... Respondent

APPLICATION FOR DIRECTION FOR DNA TESTING

Respectfully sheweth:

1. That the present application is being filed in the connected proceedings of the nature of nature_of_proceedings, in which a question of biological identity / paternity / forensic linkage has assumed material importance and cannot be resolved on the available oral and documentary evidence alone.

2. That a brief background of the controversy is as follows: background_facts. The factual matrix has produced a dispute that turns largely on the biological connection between parties_to_be_tested, which is denied by one side and asserted by the other.

3. That under Article 164 of the Qanun-e-Shahadat Order 1984, the court is empowered to receive evidence produced by means of modern devices and techniques. DNA profiling is one such modern scientific technique, accepted by the superior courts of Pakistan as a reliable means of evidentiary determination, particularly where the question is one of biological identity, paternity, or forensic linkage.

4. That the inherent powers of this Honourable Court extend to making such directions as are necessary for the just determination of a controversy, and a direction to undergo DNA testing in proceedings of the present nature is one such direction sanctioned by precedent.

5. That the applicant is prepared to deposit the cost of the test at the laboratory designated by this Honourable Court, namely proposed_laboratory, and to facilitate sample collection in such manner as may be directed. Adequate safeguards for the privacy and dignity of the parties shall be observed in compliance with directions of this Honourable Court.

6. That refusal of any party to submit to the test, after being directed to do so, may itself be drawn upon by this Honourable Court as a circumstance against such party, in line with settled jurisprudence.

7. That the present application is bona fide, is moved in the interest of justice, and is necessary for the just decision of the connected proceedings. No similar application has been previously moved before this Honourable Court.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Direct parties_to_be_tested to submit to DNA testing at proposed_laboratory or any other laboratory selected by this Honourable Court;

(b) Direct the laboratory to submit its report directly to this Honourable Court in a sealed cover for being read as evidence in the connected proceedings;

(c) Issue any directions necessary to safeguard the privacy and dignity of the parties during sample collection and testing; and

(d) Pass any other order which this Honourable Court may deem just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Advocate