SHAMIM AHMED
Titus – Appellant
Versus
Golda Glory – Respondent
ORDER
This Criminal Revision Case has been filed, to call for the records, relating to the order dated, 12.06.2025, made in Cr.MP.No.663 of 2024, by the Judicial Magistrate, Lalgudi and to set aside the same.
2. The facts of the case, in a nutshell, as set out in the affidavit filed in support of this Criminal Revision Case, led to filing of this Criminal Revision Case and necessary for disposal of the same, are as follows:-
(a) It is alleged by the Revision Petitioner/Husband that though the marriage between him and the 1st Respondent/Wife was solemnized on 19.06.2018, according to Christian Rites and Customs, the marriage between them was not consummated and that the 1st Respondent was having illegal relationship with one Sivastephen and that to his shock and surprise, the 1st Respondent stated that only on compulsion by her parents, she married the Revision Petitioner. It is also stated by the Petitioner that when on 16.08.2018, the Revision Petitioner took the 1st Respondent to hospital for hair fall treatment, he came to know that the 1st Respondent was pregnant and that when the Revision Petitioner questioned her about the same, she stated that the child is not the Revision
(1) Paternity of child – DNA tests cannot be ordered merely on vague allegations unless a strong prima facie case is established.(2) DNA test, though a scientific tool, intrudes into personal domain ....
The court affirmed that the evidence of the prosecutrix is sufficient for conviction in rape cases, and a DNA test is not necessary at an advanced trial stage, balancing this against the right to pri....
The only disadvantage to the child which is put forward as an argument against the use of a blood test, not for therapeutic purposes but to ascertain paternity, is that the child is exposed to the ri....
Point of law: The only disadvantage to the child which is put forward as an argument against the use of a blood test, not for therapeutic purposes but to ascertain paternity, is that the child is exp....
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 court emphasized balancing the child's right to ascertain paternity with the father's right to privacy while ordering DNA testing under Section 112.
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....
(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 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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.