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RAHUL CHATURVEDI
Ifraq @ Mohammad Ifraq Husain – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Hon'ble Rahul Chaturvedi, J.
[1] Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Ausim Luthra and Sri Manu Srivastava, learned counsels for the applicant, Sri Hari Om Rai and Sri Hardev Prajapati, learned counsel for the private opposite party, learned A.G.A. for the State of Uttar Pradesh at length and perused the records.
Since, the pleadings have been exchanged between the parties and the matter is ripe for final submissions. Keeping in view that the applicant/revisionist are the one and the same person Dr. Ifraq @ Mohammad Ifraq Husain and the gravamen of both the proceedings are almost akin and similar and therefore, for the sake of brevity and convenience, the Court after clubbing both the proceedings, is proposing to proceed and decide by the common judgment.
[2] In the application under section 482 Cr.P.C filed on 24.02.2023, the applicant is Dr. Ifraq @ Mohammad Ifraq Husain who has made Smt. Shazia Parveen his wife, Km. Aleena and her sister Km. Adeeba through her legal guardian Smt. Shazia Parveen as opposite party nos.2, 3 and 4 respectively with the following prayer :-
The presumption of legitimacy under Section 112 of the Indian Evidence Act is conclusive and can only be rebutted by strong evidence of non-access; DNA tests should not be ordered without a prima fac....
A DNA test to determine paternity is permissible in maintenance claims under Section 125 of the Cr.P.C. when paternity is disputed, provided a compelling reason exists.
The presumption of legitimacy under Section 112 of the Evidence Act is conclusive unless rebutted by strong evidence of non-access, which the petitioner failed to provide.
(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, ....
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....
Section 112 of Indian Evidence Act, which reads as birth during marriage, conclusive proof of legitimacy.
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