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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Arimuthu (Died) – Appellant
Versus
Alamelu – Respondent
ORDER :
P.B. BALAJI, J.
1. The defendants in a suit for partition, aggrieved by the order of the Trial Court ordering DNA Test are the revision petitioners.
2. I have heard Mrs.P.T.Sundari, learned counsel for the petitioners and Mr.B.Jawahar, learned counsel for the first respondent. I have also gone through the records, including the impugned order.
3. The learned counsel for the revision petitioners would submit that the Trial Court erred in directing the petitioners to undergo a DNA Test along with respondents 2 & 3. She would submit that the respondents were only attempting to fish for evidence and the Courts cannot be a party to such exercise. She would further submit that compelling the petitioners to undergo DNA Test was against public policy and fundamental rights granted under Article 21 of the Constitution of India more specifically Article including 20(3) of the Constitution of India.
4. The learned counsel for the petitioners would place reliance on the following decisions:-
(i) Aparna Ajinkya Firodia Vs. Ajinkya Aurn Firodia , reported in (2024) 7 SCC 773 ;
(ii) Sukhdev Singh and others Vs. Jaswinder Kaur , reported in CR. No.432 of 2019.
(iii) Ashok Kumar Vs. Raj Gupta
The Court affirmed the use of DNA testing in partition suits to establish paternity claims, emphasizing careful judicial discretion in balancing privacy rights with the interests of justice.
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....
The court emphasized that the legality of DNA tests hinges on balancing personal privacy rights against the need for evidentiary certainty in matters of legitimacy.
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....
The main legal point established in the judgment is the permissibility of ordering DNA tests in appropriate cases after balancing the interests of the parties and considering the facts and circumstan....
The main legal point established is the permissibility of ordering a DNA test to determine the veracity of allegations and balance the interests of the parties in a paternity dispute.
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