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1993 Supreme(SC) 539

A.M.AHMADI, S.MOHAN
Goutam Kundu – Appellant
Versus
State Of W. B. – Respondent


Advocates:
A.K.SEN GUPTA, AMIAN GHOSH, B.B.TAVAKLEY, RANJAN MUKHERJEE, RANJIT GHOSAL, S.C.GHOSH

Judgement Key Points

What is the scope and prerequisites for ordering a blood group test in paternity disputes under Indian law as discussed in the judgment? What factors must the court consider before granting a prayer for blood tests in paternity matters, according to the judgment? What are the consequences and limitations on using blood test results as evidence in establishing or disproving paternity, as held in the judgment?

What is the scope and prerequisites for ordering a blood group test in paternity disputes under Indian law as discussed in the judgment?

What factors must the court consider before granting a prayer for blood tests in paternity matters, according to the judgment?

What are the consequences and limitations on using blood test results as evidence in establishing or disproving paternity, as held in the judgment?


JUDGMENT

MOHAN, J.:—Leave granted.

2. The appellant herein was married to second respondent on 16th January, 1990 according to Hindu Rites and Customs. They lived together for sometime until second respondent left the matrimonial home to reside with her parents in order to prepare for Higher Secondary Examination which commenced on 5-4-90 and continued up to 10-5-90. In the month of April, 1990 she conceived, on coming to know that she was pregnant, the appellant and the family members did not want her to beget a child. Therefore she was forced to undergo abortion which was refused by the second respondent. During the stay she was meted out cruel treatment both physically and mentally. She came back to the matrimonial home during Durga Pooja in the month of October, 1990. A female child was born on 3-1-91. She filed a petition under S. 125, Cr.P.C. before the learned Chief Judicial Magistrate, Alipore in Misc. Case No. 143 of 1991 both for herself and the child. By an order dated 14-8-91 which was passed ex parte he awarded a sum of Rs. 300/- per mensem to the mother and Rs. 200/- to the child. Against that order, he moved a revision to the High Court. That revision is pending as 18




















































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