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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Bhauri Devi, D/o. Badri – Appellant
Versus
Mahendra Kumar, Son Of Sarvan – Respondent
| Table of Content |
|---|
| 1. factual background of the will dispute (Para 2) |
| 2. arguments against plaintiff's claim of parentage (Para 3 , 4 , 6) |
| 3. need for dna testing for paternity (Para 9 , 10) |
| 4. defendants' right to privacy in dna testing (Para 12) |
| 5. legislative intent on proofs of maternity (Para 19 , 20 , 22) |
| 6. final order on dna test (Para 24) |
Judgment :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 24.02.2022 passed by the learned Additional Civil Judge & Judicial Magistrate No.17, Jaipur Metropolitan-I, Sanganer in Civil Suit No.77/2017, whereby the application filed by the petitioner-plaintiff under Order 26 Rule 10-A CPC has been rejected.
2. The brief facts of the case are that a suit was filed by the plaintiff-petitioner, for declaration of the will dated 10.04.2014, to be null and void and for permanent injunction, contending therein that the plaintiff-petitioner is daughter of Shri. Badri and Defendant No.2-Smt. Bila Devi is the wife of Shri. Badri and mother of plaintiff-petitioner. Badri has expired on 14.01.2017.
2.1 Late Shri. Badri was having agriculture land, which was an ancestral land recorded in the name of Shri Badri; father of the p
DNA testing can be crucial for establishing maternity when denied, balancing evidentiary needs against privacy rights.
Paternity/Maternity of child – A person cannot be forced to undergo Paternity or Maternity test, but direction can be issued to a person to undergo DNA test.
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....
In paternity disputes, the court emphasized that the burden of proof lies with the one denying parentage, and DNA testing can be authorized to ascertain biological relationships.
Husband cannot be asked to pay maintenance to a child where DNA test report records that he is not biological father of child.
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.
(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, ....
The presumption of legitimacy under Section 112 of the Evidence Act is conclusive unless rebutted by strong evidence of non-access, which the petitioner failed to provide.
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