Back
VIVEK SINGH THAKUR
Ram Lal S/o Shri Dhani Ram – Appellant
Versus
Kumari Priyanka (Minor) D/o Shri Ram Lal – Respondent
ORDER :
1. Respondent herein is plaintiff in a Civil Suit No. 41-1 of 2013, filed by her in the Trial Court, seeking declaration that petitioner herein (defendant in the Civil Suit) is her biological father. For convenience, hereinafter the parties shall be referred to as ‘plaintiff’ and ‘defendant’ according to their status in the Civil Suit.
2. Plaintiff is not a child conceived and delivered out of a wedlock, but she was conceived on account of rape committed by defendant with her mother in June 2003, which was disclosed on 15.10.2003 during medical check-up of mother of plaintiff, who was minor at that time, and, resultantly, an FIR No. 82 of 2003 was registered under Section 376 of Indian Penal Code (IPC) against defendant and after conclusion of trial therein, defendant was convicted under Section 376 IPC and the conviction was upheld by the High Court by dismissing the appeal preferred by the defendant.
3. Plaintiff was born on 1.3.2004. She had also filed an application under Section 125 of the Code of Criminal Procedure (for short Cr.P.C.) through her maternal grandfather Prem Chand, against the defendant, for grant of monthly maintenance, wherein, on 27.10.2010, an applicati
Point of Law : Question of production of additional evidence by the plaintiff in appeal shall arise only after piece of evidence is available and for that purpose an application has been filed by the....
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 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 emphasized balancing the child's right to ascertain paternity with the father's right to privacy while ordering DNA testing under Section 112.
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 presumption of legitimacy under Section 112 of the Evidence Act is conclusive and can only be rebutted by strong evidence of non-access; unilateral DNA tests conducted without consent are insuffi....
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.
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
