Back
DEEPAK GUPTA
Chand Kaur – Appellant
Versus
Ramdei @ Om Pati – Respondent
JUDGMENT
Deepak Gupta, J.
Petitioner - defendant is aggrieved by the order dated 07.05.2018 (Annexure P6) passed by ld. Civil Judge (Sr. Division), Sonepat during the proceedings of Civil Suit No.381 of 2017 titled 'Ramdei @ Om Pati v. Chand Kaur and others', whereby an application moved by respondent No.1-plaintiff for taking blood samples for conducting the DNA test, has been allowed.
2.1 According to the petitioner-Chand Kaur, she had earlier filed a Civil Suit No.436 of 2007 against Attar Singh, Siya Ram and Rattan Singh (respondents No.2 to 4 herein), claiming the suit property to be inherited by her from her father Harphool Singh. She had challenged a Will, which was relied upon by the respondents Attar Singh etc. Suit of the petitioner-Chand Kaur was decreed on 19.04.2012. That judgment and decree was upheld up to this Court in RSA-4679-2013 on 15.07.2014.
2.2. Petitioner then filed an execution petition in respect of the judgment and decree dated 19.04.2012, during which Smt. Ramdei @ Omi Pati (respondent No.1 herein) filed 3rd party objections, by claiming herself to be the daughter of Harphool Singh. Not only this, said Ramdei @ Om Pati filed civil suit No.381 of 2017 for
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.
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....
(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....
Paternity/Maternity of child – A person cannot be forced to undergo Paternity or Maternity test, but direction can be issued to a person to undergo DNA test.
DNA testing can be crucial for establishing maternity when denied, balancing evidentiary needs against privacy rights.
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....
DNA test - Become absolutely necessary to order DNA test to find out the truth regarding the paternity of the second petitioner.
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....
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
