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B. V. L. N. CHAKRAVARTHI
N. Raja Babu S/o Kondayya – Appellant
Versus
Nakka Prasanna W/o Nakka Raja Babu – Respondent
ORDER :
1. Heard Ms. M. Anusha, learned counsel representing on behalf of Sri Venkat Challa, learned counsel for the revision-petitioner and Sri T.V. Jaggi Reddy, learned counsel representing for the respondents.
2. This revision-petition is directed against the Order, dated 18.09.2015 in I.A. No. 465 of 2015 in O.S. No. 498 of 2013 on the file of IV Additional Junior Civil Judge, Rajahmundry.
3. The revision-petition is filed by the revision-petitioner/ plaintiff/husband in the suit questioning the Order delivered by the Trial Court under Section 45 of the Indian Evidence Act, 1872 (for brevity “the Act”) wherein the request of the mother and son, who are the defendants in the suit, was “Allowed” for conducting Deoxyribonucleic Acid (DNA) Test, as the revision-petitioner/plaintiff filed the suit for declaration that the respondents/ defendants in the suit are not his wife and son and to grant Mandatory Injunction restraining the respondents/defendants from claiming as “wife” and “son” of the revision-petitioner/ plaintiff using his surname.
4. Parties in this revision-petition are referred to as they were arrayed in the proceedings before the Trial Court.
5. Ms. M. Anusha, learned coun
The interest of the child must be safeguarded in paternity disputes, and the court may order a fresh DNA test to ensure the rights of all parties involved.
A DNA test to determine paternity is permissible in maintenance claims under Section 125 of the Cr.P.C. when paternity is disputed, provided a compelling reason exists.
DNA testing for paternity must prioritize the child's rights and cannot be used solely to prove allegations against the parent.
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
The main legal point established in the judgment is the permissibility of ordering DNA tests in appropriate cases after balancing the interests of the parties and considering the facts and circumstan....
The main legal point established is the permissibility of ordering a DNA test to determine the veracity of allegations and balance the interests of the parties in a paternity dispute.
DNA tests permissible in paternity disputes with prima facie non-access and balanced interests, overriding routine privacy objections.
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