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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Anil Kumar Garg – Appellant
Versus
Sahil Garg – Respondent
| Table of Content |
|---|
| 1. context of plaintiff's parentage claim. (Para 3 , 4 , 5 , 6) |
| 2. judicial considerations for dna testing. (Para 10 , 20 , 23) |
| 3. legal presumptions regarding legitimacy. (Para 21 , 22 , 30) |
| 4. balancing interests in paternity disputes. (Para 28 , 32 , 39) |
| 5. dismissal of revision petition with modifications. (Para 45 , 46) |
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 stat
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.
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