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SUVIR SEHGAL
Rajwinder Kaur – Appellant
Versus
Inderpal Singh – Respondent
JUDGMENT :
Suvir Sehgal, J.
Petitioners have approached this Court assailing order dated 25.09.2024, Annexure P-5, whereby an application for conducting DNA test of respondent No.1/plaintiff, has been rejected.
2. Counsel for the petitioners states that there is a property dispute between the parties and respondent No.1/plaintiff has filed a suit for declaration to the effect that he is a joint owner in the agricultural land left behind by Narinder Singh, deceased, on the basis of inheritance. He submits that the paternity of respondent No.1 has been disputed by the petitioner in the written statement. In order to ascertain the truth, counsel asserts that an application, Annexure P-3, was filed for conducting the DNA profiling of respondent No.1/plaintiff and comparing it with that of his biological parents as well as of petitioner No.1, which has been erroneously rejected by the Trial Court. He has placed reliance upon the judgments of this Court in
(i) Smt. Raj Gupta and another Vs. Ashok Kumar and others , 2019(2) Law Herald (P&H) 1551
(ii) Bibly Monica Vs. Vir Vikram Kumar @ Jason Victor Steele and another , 2020 (2) PLR 130;
(iii) Neelam Rani and others Vs. Smt. Mainka @ Maina
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.
(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 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.
DNA Test – When blood relation of siblings is being challenged, there shall be no bar under Section 112 of Indian Evidence Act.
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
DNA testing is essential in paternity disputes and can override legal presumptions of legitimacy under the Evidence Act.
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