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AMIT B. BORKAR
Prajakta Dnyaneshwar Kadam – Appellant
Versus
Dnyaneshwar Navnath Kadam – Respondent
JUDGMENT/ORDER
1. The petitioner is challenging order dtd. 11/11/2021 passed by the learned Judge, Family Court No.5, Pune below Exhibit 21 in P.A. No.630 of 2019. By the impugned order, the Family Court has directed DNA test of son Shree to be carried out.
2. Facts giving rise to the filing of the application in short are as under. On 30/4/2015, marriage between the petitioner and respondent no.1 was solemnized. On 17/11/2016 male child was born. The record discloses that on 5/9/2018 respondent no.1 carried out DNA test on himself and his son. The DNA report excluded the respondent no.1 as biological father of the tested child. Based on the said test obtained from analysis of DNA loci, it was concluded that the probability of paternity is (0) zero.
3. Respondent no.1 on 14/5/2019 filed divorce petition on the ground of unchastity of petitioner thereby causing mental cruelty under Sec. 13(1)(i)(ia) of the Hindu Marriage Act, 1955. In paragraph 20 of the petition, the petitioner has challenged paternity of the child. In the petition, respondent no.1 has pleaded instances of unchastity. It is also averred in the petition that the report of DNA test conducted on 5/9/2018 discloses that t
A DNA test can be mandated in family law disputes involving paternity when there is a strong prima facie case and an eminent need for the test, particularly in the context of allegations of unchastit....
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
DNA tests in paternity disputes must be supported by strong prima facie evidence and should not be ordered routinely, respecting the presumption of paternity under Section 112 of the Evidence Act.
The main legal point established in the judgment is the high standard of proof required to displace the presumption of legitimacy under section 112 of the Evidence Act and the need for a strong prima....
DNA test is intended to rebut `conclusive proof’ provided under Section 112 of Evidence Act.
In paternity disputes, the presumption of legitimacy under Section 112 of the Indian Evidence Act prevails unless strong evidence of non-access is established, balancing privacy rights against the ne....
DNA tests permissible in paternity disputes with prima facie non-access and balanced interests, overriding routine privacy objections.
A DNA test to ascertain paternity is unnecessary when paternity has been admitted and there are no substantial reasons to question it.
DNA tests are not mandatory, but adverse inferences can be drawn as per the Evidence Act.
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