Back
ALKA SARIN
Sukhdev Singh – Appellant
Versus
Jaswinder Kaur – Respondent
JUDGMENT
Alka Sarin, J. - The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 08.12.2018 (Annexure P-9) whereby the Trial Court has dismissed the application filed by the defendant-petitioners for issuing a direction to the plaintiff-respondent to supply her blood sample for getting her DNA test conducted and getting the same compared with the blood samples of the defendant-petitioners for ascertaining the parentage of the plaintiff-respondent.
2. The brief facts relevant to the present lis, as available from the paperbook and from the website of the District Court, are that the plaintiff- respondent filed a suit for declaration that she is owner to the extent of 1/4th share out of the land of Jeet Kaur w/o Sukhdev Singh and also for joint possession of the 1/4th share and for permanent injunction. The plaintiff- respondent averred that she was the daughter of Sukhdev Singh and Jeet Kaur while Jeet Kaur had expired on 19.10.1983. The defendants in this suit were Sukhdev Singh and the defendant-petitioners (sons of Sukhdev Singh). In their written statement dated 08.11.2013, Sukhdev Singh and the defendant-petitioners
The main legal point established is that a DNA test cannot be ordered as a matter of routine and should only be ordered if a strong prima facie case is made. The burden of proof lies on the litigatin....
A party cannot be compelled to undergo a DNA test without a strong prima facie case established by the requesting party, emphasizing the burden of proof and privacy rights.
(1) Legitimacy of child – DNA test is not to be directed as a matter of routine but only in deserving cases – Indian law leans towards legitimacy and frowns upon bastardy – Presumption in law of legi....
The main legal point established in the judgment is the need for a strong prima facie case for ordering a DNa test, the right to privacy, and societal repercussions of ordering blood tests in paterni....
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.
DNA test - Become absolutely necessary to order DNA test to find out the truth regarding the paternity of the second petitioner.
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....
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
