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SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ
ANITA W/O EKNATH HATKAR - Appellant
VERSUS
ADDITIONAL COMMISSIONER NASHIK AND ORS. - Respondent
CIVIL APPEAL NO. 5588 OF 2017, SPECIAL LEAVE PETITION (C) NO. 34505 OF 2016
Decided On : 25-04-2017
Disqualification - Parentage Dispute - The court dismissed the appeal after DNA test confirmed the appellant as the biological parent of the child in question
Fact of the Case:
The appellant challenged the proceedings for disqualification based on having three children, with the third child born after the cut-off date. The court ordered a DNA test, which confirmed the appellant as the biological parent of the child.
Finding of the Court:
The court found no merit in the appeal and dismissed it after the DNA test confirmed the appellant as the biological parent of the child.
Issues: Disqualification based on having three children, parentage dispute, DNA test results
Ratio Decidendi: The DNA test confirming the appellant as the biological parent influenced the court's decision to dismiss the appeal.
Final Decision: The appeal was dismissed based on the DNA test results confirming the appellant as the biological parent of the child.
JUDGMENT :
KURIAN, J.
1. Leave granted.
2. The appellant had approached this Court, aggrieved by the proceedings initiated against her for disqualification on the ground of having three children, the third child having born after the cut-off date.
3. On 05.12.2016, the Court passed the following order on the basis of submission made by the learned counsel for the appellant :-
“Learned counsel for the petitioner submits, on instruction, that the child by name Amol Anna Hatkar is not born from the appellant. He further submits that the appellant is prepared for a DNA test. In view of the above submissions, issue notice, returnable on 3.2.2017. We direct the petitioner and the child by name Amol Anna Hatkar to have a DNA test conduct within a period of eight weeks from today and produce the reports before the Court. Till the next date of hearing, there shall be stay of operation of the disqualification.”
4. The Forensic Science Laboratory, Mumbai, has forwarded a report to this Court and going by the report, “Eknath Govind Hatkar and Anita Eknath Hatkar are concluded to be the biological parents of the child Amol Anna Hatkar”.
5. In the above circumstances, we do not find any merit in this appeal, which is, accordingly, dismissed.
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