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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHAWAN PRAKASH
Ramraj Patel – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of the case facts and proceedings in the lower courts. (Para 2 , 3) |
| 2. arguments presented by both sides concerning the d.n.a. test. (Para 4 , 5) |
| 3. court's observations on the law regarding legitimacy and favoring privacy. (Para 6 , 10 , 12) |
| 4. legal presumption of legitimacy and its implications for d.n.a. testing. (Para 8 , 9 , 11) |
| 5. conclusion to dismiss the revision based on overall findings. (Para 13) |
JUDGMENT :
CHAWAN PRAKASH, J.
1. Heard Sri Virendra Singh, learned counsel for the revisionist, learned A.G.A. for the State and Sri Shailesh Kumar Tripathi, learned counsel for the opposite party no. 2 and perused the record.
2. The present revision has been filed against the order dated 07.10.2021 passed by the Additional Sessions Judge, Court No. 1, Varanasi in Criminal Appeal No. 19 of 2021 (Ramraj Patel Vs. State of U.P. and another), under Section 29 of Protection of Women from Domestic Violence Act filed against the order dated 18.01.2021 passed by the Special Chief Judicial Magistrate, Varanasi in Criminal Case No. 120 of 2015 (Savita Patel Vs. Ramraj Patel), under Section 23 of Protection of Women from Domestic Violence Act, rejecting the applicati
Presumption of legitimacy under Section 112 of the Evidence Act; Burden of proof on the party disputing paternity.
(1) Paternity of child – DNA tests cannot be ordered merely on vague allegations unless a strong prima facie case is established.(2) DNA test, though a scientific tool, intrudes into personal domain ....
DNA testing for paternity must prioritize the child's rights and cannot be used solely to prove allegations against the parent.
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....
A court may order a DNA test to determine paternity when there is a prima facie case, especially to protect the legitimacy of a child born during marriage.
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....
Paternity of child – DNA testing is the most legitimate and scientifically perfect means which husband could use to establish his assertion of infidelity.
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.
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