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ALKA SARIN
Sukhwinder Kaur – Appellant
Versus
Gurmit Singh – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge on dna test denial. (Para 1 , 2) |
| 2. necessity for dna test emphasized. (Para 3) |
| 3. court upholds trial's dismissal, petition dismissed. (Para 4 , 9) |
| 4. defendant denies dna test, burden of proof established. (Para 5 , 6) |
| 5. guidelines on the circumstances for dna tests. (Para 7 , 8 , 10) |
JUDGMENT
Alka Sarin, J.
The present revision petition has been preferred by the plaintiff-petitioner under Article 227 of the Constitution of India challenging the order dated 04.04.2022 whereby the application filed by the plaintiff-petitioner for conducting a DNA test of the defendant-respondent has been dismissed.
2. The brief facts relevant to the present case are that the plaintiff-petitioner filed a suit for declaration to the effect that the defendant-respondent has wrongly been mentioned in the revenue record as son of Sharam Singh while sanctioning mutation No.1087 of inheritance regarding the estate of Sharam Singh as described in the plaint. It has been averred that Sharam Singh had died on 18.04.2005 leaving behind the plaintiff-petitioner as the only daughter and legal heir. Kulwant Kaur mother of the plaintiff-petitioner was alive at the time of dea
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....
DNA tests in civil suits should only be ordered in exceptional cases, emphasizing the presumption of legitimacy and the need for clear evidence of paternity disputes.
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
DNA tests permissible in paternity disputes with prima facie non-access and balanced interests, overriding routine privacy objections.
The court upheld the right to privacy under Article 21, ruling that a party cannot be compelled to undergo a DNA test without exceptional circumstances, emphasizing the presumption of legitimacy in p....
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....
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