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SUVIR SEHGAL
Smt. Satya Roopa Sinha – Appellant
Versus
Sarwan Kumar Mehto – Respondent
JUDGMENT
Suvir Sehgal, J. - Instant petition has been filed under Section 401 of the Code of Criminal Procedure, 1973, (for short "the Code"), impugning order dated 19.01.2019 passed by Family Court, Gurugram, whereby application filed by the respondent seeking DNA test of the child of the petitioner, has been allowed.
2. Brief background of the case is, that the petitioner has approached the Family Court with a petition under Section 125 of the Code claiming maintenance on the ground that she was married with the respondent on 08.03.2001 at a temple at Haridwar and a child was born out of the wedlock on 08.06.2005, who is studying in a school. It has been averred that the respondent is an educated person and has a monthly income of more than Rs.90,000/-. He is getting a substantial monthly rentals, besides earning from the agricultural land owned by him in his native village in Bihar. It has been claimed that they resided together as a married couple at Gurugram, but she was treated with mental and physical cruelty and was turned out from the matrimonial home as she could notmeet the material demands of her in-laws. She is residing in a rented accommodation and is dependent upon her
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 testing is essential in paternity disputes to determine maintenance obligations, emphasizing children's welfare and rights.
Declaration of legitimacy can be granted only when there is admitted or proved matrimonial relationship.
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.
Maintenance proceeding – In proceedings under Section 125 of Cr.P.C., if husband disputes marital relationship or paternity of child, Court is empowered to direct DNA test to ascertain truth of such ....
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....
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....
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