Back
A. BADHARUDEEN
Sujith Kumar S, S/o. Sundaresan Pillai – Appellant
Versus
Vinaya V. S. , D/o. Vasavanashan – Respondent
JUDGMENT :
This Original Petition has been filed challenging order in Crl.M.Appl.No.307/2022 in M.C.No.35/2023 on the files of the Family Court, Paravoor.
2. Heard the learned counsel for the petitioner on admission. Notice to the other side stands dispensed with.
The averments in CMP.No.774/2019 is as under:
The petitioner in the above C.M.P, who is the petitioner herein, raised a contention before the Family Court that he married the 1st respondent herein on 14.07.2004 and the 1st respondent is a person suffering from mental disease and, therefore, he had no occasion to have sexual intercourse with the 1st respondent. According to the petitioner, the petitioner was abroad for years after the marriage and the petitioner brought the 1st respondent abroad twice. Thereafter the 1st respondent left the company of the petitioner due to mental problem. As such the paternity of the petitioner is doubtful. Therefore, the petitioner sought DNA test to find out the paternity of the 2nd respondent, who is the minor child.
3. The 1st respondent filed detailed objection mainly contending that the marriage between the petitioner and the 1st respondent was solemnised on 17.04.2004 before the Mahadeva
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.
The paramount interest of the child and the cautious approach required for ordering DNA tests in paternity disputes.
A DNA test to ascertain paternity is unnecessary when paternity has been admitted and there are no substantial reasons to question it.
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.
(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, ....
Maintenance proceeding – In proceedings under Section 125 of Cr.P.C., if husband disputes marital relationship or paternity of child, Court is empowered to direct DNA test to ascertain truth of such ....
DNA testing for paternity must prioritize the child's rights and cannot be used solely to prove allegations against the parent.
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
