Back
ANIL K. NARENDRAN, P. G. AJITHKUMAR
Nisha Maria Sebastian, D/o. Sebastian Vilakkunnel – Appellant
Versus
Gerard Gigi Michael, S/o. N. J. Michael – Respondent
JUDGMENT :
(P.G. Ajithkumar, J.)
1. The respondent in O.P.No.175 of 2022 on the files of the Family Court, Pala has filed this original petition under Article 227 of the Constitution of India. She seeks to set aside Ext.P8 order of the Family Court by which a Deoxyribonucleic acid (DNA) test of blood samples of the respondent and the child Yealia Gerard Mosze was ordered.
2. On 08.12.2022, notice on admission was directed to be served on the respondents. An interim stay of further proceedings in O.P.No.175 of 2022 for a period of one month was ordered on the same date. The interim order was extended from time to time.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. A DNA test may be required in a family dispute if paternity is in question. Report of DNA test is the opinion of an expert relevant under Section 45 of the Indian Evidence Act, 1872. Need to have evidence or opinion pertaining to a fact arises if that fact is required to be proved. Proof is needed when a fact is in dispute. An admitted fact need not be proved for, Section 58 of the Evidence Act dispenses with proof of an admitted fact.
5. The respondent h
A DNA test to ascertain paternity is unnecessary when paternity has been admitted and there are no substantial reasons to question it.
DNA test is intended to rebut `conclusive proof’ provided under Section 112 of Evidence Act.
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.
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
DNA testing is essential in paternity disputes and can override legal presumptions of legitimacy under the Evidence Act.
(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, ....
A DNA test to determine paternity is permissible in maintenance claims under Section 125 of the Cr.P.C. when paternity is disputed, provided a compelling reason exists.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
