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ASHOKKUMAR C. JOSHI
Dhirubhai Talshibhai Mer – Appellant
Versus
Dhiubhai Ukabhai Memariya @ Dhirubhai Jesingbhai Mer – Respondent
JUDGMENT :
1. The Petitioner/Original Plaintiff has preferred the present Petition under Articles 226 and 227 of the Constitution of India, challenging the order passed by the learned Principal Senior Civil Judge, Jasdan below Application Exh.22 in Regular Civil Suit No. 105 of 2019 dated 27.10.2021, whereby the learned Judge has rejected the Application, instituted by the Petitioner/Original Plaintiff , to conduct the DNA test of Respondent No.1.
2. Heard learned Advocate Mr. Hitesh V. Patel for the Petitioner. Learned Advocate Mr. Patel has heavily placed reliance upon the following four judgments:
(i) Haribhai Chanabhai Vora v. Keshubhai Vora – 2005 (2) GLR 1747
(ii) Amrutlal Amthabhai Mistri v. Ashwinkumar Amrutlal Mistri – AIR 2020 GUJ 4
(iii) Rameshbhai Pochabhai Marand v. Satiben D/o Karshanbhai Chavda - 2020 JX (GUJ) 977.
(iv) Dipanwita Roy v. Ronobroto Roy – 2015 (1) SCC 365
3. Placing reliance upon the judgment in the case of Haribhai Chanabhai Vora (supra), he has submitted that the Hon’ble Court has held that DNA test is not mandatory since it is against the provisions of Constitution of India and it is the violation of personal liberty of the person concerned. However, the Co
DNA tests are not mandatory, but adverse inferences can be drawn as per 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 - Become absolutely necessary to order DNA test to find out the truth regarding the paternity of the second petitioner.
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.
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 upheld the right to privacy under Article 21, ruling that a party cannot be compelled to undergo a DNA test without exceptional circumstances, emphasizing the presumption of legitimacy in p....
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 necessity of proving the disputed marriage before ordering a DNA test to determine the legitimacy of a child. The court emphasized the sparing ....
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