Back
ALKA SARIN
Vijay Kumar Garg @ Dee Cee Gharianwala – Appellant
Versus
Kajal @ Nicky – Respondent
ALKA SARIN, J.
1. The present revision petition has been preferred by the defendant No.1-petitioner against the impugned order dated 21.12.2022 passed by the Principal Judge, Family Court, Mansa allowing a DNA test of the defendant No.1-petitioner alongwith the plaintiff-respondent No.1.
2. The brief facts relevant to the present lis are that the plaintiff-respondent No.1 filed a suit for declaration to the effect that she is the daughter of defendant No.1-petitioner and defendant No.2-respondent No.2 and hence defendant No.1-petitioner herein being the father of the plaintiff-respondent No.1 is bound to accept her as daughter. In the plaint it has been averred that defendant-respondent No.2 i.e. Rani was married to Kaka Singh and during the life time of Kaka Singh the defendant-respondent No.2 was in a live-in relationship with the defendant No.1-petitioner and out of the said relationship the plaintiff-respondent No.1 herein was born on 15.12.1996. Kaka Singh is stated to have died in September 2013 and the defendant No.1-petitioner and defendant-respondent No.2 continued to live together. It has further been averred that the plaintiff-respondent No.1 has always been treated as a
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 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....
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.
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
