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SANJAY KAROL, N. KOTISWAR SINGH
Nikhat Parveen @ Khusboo Khatoon – Appellant
Versus
Rafique @ Shillu – Respondent
| Table of Content |
|---|
| 1. background of the case regarding maintenance. (Para 2 , 3 , 4) |
| 2. discussion on section 112 of the indian evidence act. (Para 5 , 9) |
| 3. analysis of judicial opinions on paternity presumptions. (Para 7 , 8) |
| 4. concerns regarding child welfare and direction for investigation. (Para 10 , 11) |
JUDGMENT :
SANJAY KAROL J.
Leave Granted.
2. In this appeal, a mother (the appellant) challenges the finding of the High Court of Delhi at New Delhi, returned in judgment and order dated 17th October 2023 passed in CRLMC No.3944 of 2019 regarding her daughter not being entitled to maintenance to be paid by the respondent (alleged father) as returned by Metropolitan Magistrate-03 (Mahila Court), South East District, New Delhi, by order dated 1st December 20171[‘Trial Court’] and as affirmed by the District and Sessions Judge, South East, Saket Court, New Delhi by order dated 20th March 20192[‘First Appellate Court’].
3. The facts in brief are that the appellant was employed as domestic help in the residence of the respondent for a period of three years wherein, as can be understood from the record of the Courts below, the latter established sexual relation with her on the pretext of marr
Husband cannot be asked to pay maintenance to a child where DNA test report records that he is not biological father of child.
(1) DNA test – Paternity of child – Any Matrimonial (Civil) dispute between husband and wife pertaining to child born from wedlock, cannot be used for their own benefit by way of DNA Paternity Test, ....
DNA testing can be crucial for establishing maternity when denied, balancing evidentiary needs against privacy rights.
The presumption of legitimacy under Section 112 of the Evidence Act is conclusive unless rebutted by strong evidence of non-access, which the petitioner failed to provide.
The presumption of legitimacy under Section 112 of the Indian Evidence Act is conclusive and can only be rebutted by strong evidence of non-access; DNA tests should not be ordered without a prima fac....
(1) Presumption of legitimacy of child – Theoretical difference in ‘paternity’ and ‘legitimacy’ – Conclusive proof of legitimacy is equivalent to paternity – DNA tests may be ordered, only if a stron....
DNA Test – It is not always necessary to conduct DNA test to ascertain whether a particular child was born to a particular person – It is burden of person who alleges or disputes paternity that he ha....
Legitimacy of a child born during marriage is conclusive proof under Section 112 of the Indian Evidence Act unless access is disproven.
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