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MARY JOSEPH
V. O. Mathew, S/o. Late V. O. Ouseph – Appellant
Versus
Aliesha, Formerly Laila – Respondent
JUDGMENT :
1. This Original Petition is filed by the petitioner under Article 227 of the Constitution of India challenging an order passed by Family Court, Ernakulam on 07.05.2021 in M.P.No.254 A/2020. The above referred M.P. was filed by the petitioners in M.C.No.100/2020 pending on the files of Family Court, Ernakulam seeking for a direction to the respondent to undergo DNA test for proving the paternity of the 2nd petitioner and to get it approved by the court that the former is her father. The parties to this Original Petition will hereinafter be referred to as the petitioners and the respondent in accordance with their status in the M.C. as well as M.P.
2. The 1st petitioner is one Mrs.Aliesha, W/o. V.O.Mathew, residing at Sunratan, Plot 83, Flat No.301, Sector 10-A, Vashi, Navi Mumbai. The 2nd petitioner is her minor daughter born to the respondent during the long cohabitation of the 1st petitioner with him.
3. 1st petitioner and respondent fell in love and lived together as husband and wife. The respondent visited the 1st petitioner at Bombay and stayed with her as husband and wife. They also resided together in a house taken on rent at Vytila, Ernakulam and a Flat namely Star
Declaration of legitimacy can be granted only when there is admitted or proved matrimonial relationship.
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 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.
Legitimacy of a child born during marriage is conclusive proof under Section 112 of the Indian Evidence Act unless access is disproven.
DNA test - Become absolutely necessary to order DNA test to find out the truth regarding the paternity of the second petitioner.
The discretion to order a DNA test in a maintenance claim under Section 125 of the Code requires a strong prima facie case to establish non-access, and the legitimacy of a child should not be put to ....
The presumption under Sec. 112 of the Evidence Act is rebuttable, and the burden lies on the husband to disprove paternity. Refusal to undergo DNA test and failure to prove non-access to the wife can....
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