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2014 Supreme(SC) 754

JAGDISH SINGH KHEHAR, R.K.AGRAWAL
Dipanwita Roy – Appellant
Versus
Ronobroto Roy – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. DNA testing is recognized as a highly legitimate and scientifically accurate method that a husband can use to establish infidelity by proving non-paternity of a child. It is considered the most authentic means available for such assertions (!) (!) .

  2. The court may permit DNA testing when it is deemed eminently necessary, after carefully balancing the interests of both parties involved. The scientific accuracy of DNA tests can be sufficient to disprove the presumption of paternity established under relevant evidence laws (!) (!) .

  3. The presumption of legitimacy of a child born during a valid marriage is strong but rebuttable, especially with the advent of modern scientific methods like DNA testing. When scientific evidence clearly demonstrates non-paternity, it can override the legal presumption of legitimacy (!) (!) .

  4. The court has the discretion to order DNA tests in cases involving allegations of infidelity or disputes over paternity, but such orders should not be made routinely. The decision to conduct such tests must be based on the "eminent need" and a careful assessment of whether the test is essential for a just resolution (!) (!) .

  5. The right to privacy must be balanced against the need for truth. While DNA testing is scientifically reliable, courts should exercise caution and ensure that such testing is only ordered when it is necessary for a fair adjudication, avoiding unnecessary invasion of privacy (!) (!) (!) .

  6. If a party refuses to comply with a court-ordered DNA test, the court may draw a presumption under relevant evidence provisions, which can be adverse to the refusing party. This presumption is used to facilitate the truth-finding process while respecting individual privacy rights (!) (!) (!) .

  7. The scientific accuracy of DNA testing can override the legal presumption of legitimacy of a child, especially when the test results clearly indicate non-paternity, thus allowing the court to make findings contrary to the presumption of legitimacy (!) (!) .

  8. Any application for DNA testing should be made with a clear purpose and should be supported by a strong prima facie case. Courts should avoid roving inquiries and ensure that the request is made in good faith and with genuine necessity (!) (!) .

  9. The court's primary concern is to ascertain the truth while safeguarding individual rights. Therefore, DNA testing should be used as a tool of justice only when it is the most appropriate and necessary means to resolve disputes related to paternity or infidelity (!) (!) .

  10. When a DNA test is ordered, the process should be conducted transparently, with the parties present and expenses borne as directed by the court. The results should be used to arrive at a just conclusion, with the option for parties to accept or disregard the test outcome, in which case the court may draw adverse inferences (!) (!) (!) .

These points collectively emphasize that DNA testing is a valuable and scientifically reliable tool in matrimonial disputes involving allegations of infidelity, but its use must be carefully balanced with privacy considerations and the necessity for a fair and just process.


JUDGMENT

Jagdish Singh Khehar, J.

1. The petitioner-wife Dipanwita Roy and the respondent-husband Ronobroto Roy, were married at Calcutta. Their marriage was registered on 9.2.2003. The present controversy emerges from a petition filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') by the respondent, inter alia, seeking dissolution of the marriage solemnised between the petitioner-wife and the respondent-husband, on 25.1.2003.

2. One of the grounds for seeking divorce was, based on the alleged adulterous life style of the petitioner-wife. For his above assertion, the respondent-husband made the following allegations in paragraphs 23 to 25 of his petition:

“23. That since 22.09.2007 the petitioner never lived with the respondent and did not share bed at all. On a very few occasion since then the respondent came to the petitioner's place of residence to collect her things and lived there against the will of all to avoid public scandal the petitioner did not turn the respondent house on those occasion.

24. That by her extravagant life style the respondent has incurred heavy debts. Since she has not disclosed her present address to bank and has o





























































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