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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Chuman Lal Sahu S/o Gokul Sahu – Appellant
Versus
Dhanush Lal Sahu S/o Chuman Lal Sahu – Respondent
JUDGMENT :
Goutam Bhaduri, J
1. The present appeal is against the judgment and decree dated 07.10.2017 passed by the First Addl. Principal Judge, Family Court Durg whereby the suit for declaration that the plaintiff is not the biological father of the defendant was dismissed.
2. According to the plaint, on a report being made by mother of respondent, a sessions case was registered against the appellant u/s 376 of IPC wherein he was acquitted. At the time of birth of the child Dhanush Lal, the name of plaintiff Chummanlal Sahu (appellant herein) was got recorded as father. The appellant contended that he never had physical relations with the mother to whom child Dhanush Lal was born. As such, the plaintiff cannot be declared to be a biological father of Dhanush Lal Sahu and declaration was sought for to that effect.
3. The defendant(s) filed their written statement and stated that in Sessions case registered under Section 376 IPC, certain compromise was effected and the prosecutrix was examined before the Court wherein she made a statement in favour of the plaintiff, therefore, the plaintiff was acquitted. During the cross examination before the Court in the said criminal case, when a q
Point of Law : Question of production of additional evidence by the plaintiff in appeal shall arise only after piece of evidence is available and for that purpose an application has been filed by the....
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....
DNA test - Become absolutely necessary to order DNA test to find out the truth regarding the paternity of the second petitioner.
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....
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....
A party cannot be compelled to undergo a DNA test without a strong prima facie case established by the requesting party, emphasizing the burden of proof and privacy rights.
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....
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.
DNA testing can be crucial for establishing maternity when denied, balancing evidentiary needs against privacy rights.
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