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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Alok Gogoi S/o- Late Lila Kanta Gogoi @ Lila Kanta Ahom – Appellant
Versus
Nirala Gogoi And Anr D/O- Late Lila Kanta Gogoi – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. S. Dutta, the learned Senior Counsel assisted by Mr. S. Dutta, the learned counsel appearing on behalf of the petitioner. Mr. S.Deka, the learned counsel appears on behalf of the respondents.
2. The supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been invoked challenging the order dated 30.04.2024 passed by the learned Court of the Civil Judge (Senior Division), Lakhimpur, North Lakhimpur (hereinafter referred to as, “the learned Trial Court”) in petition No. 1195/2023 arising out of Title Suit No. 10/2022 whereby the said application was rejected.
3. It is seen from the records that the petitioner herein who is the defendant in the suit had filed an application under Order XXVI Rule 10A read with Section 151 of the Code of Civil Procedure, 1908 for scientific investigation relating to the question of paternity of the plaintiff No. 2 by means of DNA test (Deoxyribonucleic acid). The very basis on which the said application was filed is that the plaintiff No. 2 during his cross examination stated that he had no objection to the DNA test.
4. Be that as it may, the plaintiff No. 2 had filed the wri
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....
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 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.
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 tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
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....
The court upheld that without substantial evidence, allegations of cruelty and desertion do not warrant a divorce, affirming the legitimacy of a child through DNA evidence while protecting rights to ....
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