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UMESH CHANDRA SHARMA
Sonia Srivastava – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Umesh Chandra Sharma, J.)
1. This application has been filed by the applicants to quash the order dated 20.07.2022 passed by Principal Judge Family Court, Kanpur Nagar, in Case No. 555 of 2015 under Section 125(6) Cr.P.C. and direct the opposite party no. 2 to pay the interim maintenance to the tune of Rs. 30,000/-per month (Rs. 20,000/-to the applicant no.1-wife and Rs. 10,000/-to applicant no.2-daughter) and also direct the Trial Court to take all necessary steps immediately to enforce the orders dated 27.3.2018 and 24.9.2019 for conducting the D.N.A. test of opposite party no.2 for ascertaining his biological paternity of the applicant no. 2.
2. In brief, facts of the case are that the opposite party no.2 by creating a deception that he was widower whose wife expired 8 years ago had solemnized a second marriage with applicant no. 1 through Arya Samaj rituals on 19.2.2006 and from their cohabitation applicant no.2 was born on 14.1.2007. Later on, when it revealed that wife of opposite party no.2 namely Smt. Mamta Sharma was alive, he stated that he will convince his wife and children born from first wife then he will introduce the applicant in his home. Resultantly, a
Point of Law : If a person is denying to undergo with D.N.A. testing, an adverse inference would be drawn against him and the case would be proceeded on that basis and such adverse inference would be....
The presumption under Sec. 112 of the Evidence Act is rebuttable, and the burden lies on the husband to disprove paternity. Refusal to undergo DNA test and failure to prove non-access to the wife can....
Declaration of legitimacy can be granted only when there is admitted or proved matrimonial relationship.
DNA testing is essential in paternity disputes to determine maintenance obligations, emphasizing children's welfare and rights.
Point of Law : Question of production of additional evidence by the plaintiff in appeal shall arise only after piece of evidence is available and for that purpose an application has been filed by the....
Legitimacy of a child born during marriage is conclusive proof under Section 112 of the Indian Evidence Act unless access is disproven.
The main legal point established in the judgment is the need for a strong prima facie case for ordering a DNa test, the right to privacy, and societal repercussions of ordering blood tests in paterni....
In paternity disputes, the court emphasized that the burden of proof lies with the one denying parentage, and DNA testing can be authorized to ascertain biological relationships.
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