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KISHORE C. SANT
Namdeo – Appellant
Versus
Seema – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the admission stage.
2. A challenge in this petition is to the order passed by the learned Additional Sessions Judge, Beed dtd. 30/11/2016, passed in Criminal Revision No.138 of 2015, thereby dismissing the revision application. The revision was filed challenging the judgment and order passed by the learned Judicial Magistrate, First Class, Ashti dtd. 29/9/2015 in Criminal Misc. Application No.38 of 2013. By the said order, the learned JMFC had granted maintenance under Sec. 125 of the Criminal Procedure Code to respondent Nos.1 and 2 i.e. husband and daughter at the rate of Rs.2000.00 and Rs.1000.00 per month respectively.
3. Respondent No.1-wife filed an application under Sec. 125 of the Cr.P.C. seeking maintenance for herself and daughter, who was aged 5 1/2 months at the time of filing of the application. It is case of the wife that the husband did not maintain her well and driven her out of the house on 20/4/2012. There was demand of Rs.25,000.00 to buy a bullock cart. The wife was required to file complaint under Sec. 498-A of the Indian Penal Code. She delivered a daughter on 15/
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.
Legitimacy of a child born during marriage is conclusive proof under Section 112 of the Indian Evidence Act unless access is disproven.
The presumption of legitimacy under Section 112 of the Evidence Act is conclusive and can only be rebutted by strong evidence of non-access; unilateral DNA tests conducted without consent are insuffi....
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....
Declaration of legitimacy can be granted only when there is admitted or proved matrimonial relationship.
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 can be crucial for establishing maternity when denied, balancing evidentiary needs against privacy rights.
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