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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Anil Kumar Garg – Appellant
Versus
Sahil Garg – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. Challenge in the present revision petition is to the order dated 27.11.2015 passed by learned trial Court, thereby, allowing an application filed by the respondent No.1-plaintiff and ordered conducting of DNA test of the petitioner-defendant No.1.
2. For the convenience of discussion, the parties are referred to as making appearance before learned trial Court.
3. The facts germane to be noticed, are as follows:-
That, plaintiff Sahil Garg had filed a suit for declaration, thereby, asserting himself to be son of defendant No.1-Anil Kumar Garg and defendant No.2-Smt.Anita. Therein, he averred that he had filed a petition under Section 125 Cr.P.C., through his mother i.e. defendant No.2, being minor at that time and in the written statement/reply filed to the same, defendant No.1 denied the parentage of the plaintiff and stated therein that plaintiff is not the biological son of defendant No.1. Also, it was averred in the plaint that defendant No.1 came into contact with defendant No.2 i.e. mother of the plaintiff Smt.Anita, in the year 1988, as he took the accommodation in the house of defendant No.2 as tenant. With the passage of time, relations developed
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 – 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....
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....
(1) DNA test – Paternity of child – Any Matrimonial (Civil) dispute between husband and wife pertaining to child born from wedlock, cannot be used for their own benefit by way of DNA Paternity Test, ....
DNA testing can be crucial for establishing maternity when denied, balancing evidentiary needs against privacy rights.
Husband cannot be asked to pay maintenance to a child where DNA test report records that he is not biological father of child.
Section 112 of Indian Evidence Act, which reads as birth during marriage, conclusive proof of legitimacy.
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.
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