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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
R.M.JOSHI
Shalini/Rohini W/o Kumarkartik Paunikar – Appellant
Versus
Kumarkartik S/o Shankarrao Paunikar – Respondent
JUDGMENT :
R.M. JOSHI, J.
1. By consent of both sides, heard finally at the stage of admission.
2. This petition takes exception to the order dated 17/02/2020 passed by the Family Court below Exh.51 in Petition No.A-457/2023 accepting the request made by the respondent-husband of conducting DNA Profiling Test to decide legitimacy of the child born on 27/07/2013.
3. The facts which led to filing of this petition can be narrated in brief as under :
i. Petitioner No.1 got married with the respondent on 18/12/2011. On 19/01/2013, when she left the matrimonial home, she was carrying pregnancy of three months. The respondent issued notice to the petitioner on 28/01/2013 calling upon her to come back to the matrimonial home for cohabitation. The respondent on 08/02/2013 filed petition bearing No.A-139/2013 for judicial separation before the Family Court, Nagpur. Petitioner No.1 also filed petition bearing No.A-4457/2013 for seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The husband though withdrew the proceedings filed for judicial separation, filed petition for decree of divorce on the ground of adultery, cruelty and desertion. This petition was numbered as
Presumption of legitimacy under Section 112 can only be challenged by proving non-access; DNA tests for paternity are not warranted without explicit denial of paternity.
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....
Section 112 of Indian Evidence Act, which reads as birth during marriage, conclusive proof of legitimacy.
(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, ....
The paramount interest of the child and the cautious approach required for ordering DNA tests in paternity disputes.
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....
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.
(1) Order directing that a minor child be subjected to DNA test should not be passed mechanically in each and every case.(2) Questions as to illegitimacy of a child, are only incidental to the claim ....
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