Back
SANJAY KUMAR DWIVEDI
Manoj Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Rohit, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Vijay Kumar Roy, learned counsel for the O.P. Nos. 2 and 3.
2. This petition has been filed for quashing of the order dated 04.04.2014 passed in Maintenance Case No. 318 of 2012 whereby the learned Principal Judge, Family Court, Giridih has allowed the petition dated 05.08.2013 filed by the O.P. No. 2 for DNA test of the petitioner and O.P. No. 3 in order to allegedly prove the legality and genuineness of the birth of O.P. No. 3 from the wedlock of the petitioner and O.P. No.2, pending in the Court of learned Principal Judge, Family Court, Giridih.
3. Mr. Rohit, learned counsel for the petitioner submits that O.P. No. 2 had filed the Maintenance Case No. 318 of 2012 on 16.10.2012 under section 125 of Cr.P.C. stating therein that she is married with the petitioner on 15.04.2011 according to Hindu religious custom and out of the said wedlock she had given birth to the O.P. No.3 on 12.07.2012. He submits that the petitioner had filed his show cause in Maintenance Case No. 318 of 2012 stating therein that the petition under section 125 of Cr.P.C. filed by the O.P. No.
The main legal point established in the judgment is the necessity of proving the disputed marriage before ordering a DNA test to determine the legitimacy of a child. The court emphasized the sparing ....
DNA testing is essential in paternity disputes to determine maintenance obligations, emphasizing children's welfare and rights.
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....
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 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 ....
DNA tests are not mandatory, but adverse inferences can be drawn as per the Evidence Act.
In paternity disputes, the presumption of legitimacy under Section 112 of the Indian Evidence Act prevails unless strong evidence of non-access is established, balancing privacy rights against the ne....
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
