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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MADAN PAL SINGH
Jawahir Lal Jaiswal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. entitlement to maintenance based on paternity. (Para 2 , 3 , 4 , 5) |
| 2. the need for dna testing in establishing paternity. (Para 9 , 10 , 19) |
| 3. guidelines for conducting dna tests and concerns around privacy. (Para 20 , 21 , 22) |
| 4. final judgment setting aside previous order and directing fresh consideration. (Para 23 , 24 , 25 , 26) |
JUDGMENT :
MADAN PAL SINGH, J.
1. Heard Ms. Pratibha Jaiswal, learned counsel for the revisionist, Mr. Saurabh Pandey, learned counsel for opposite party no.2 and the learned A.G.A. for the State.
2. The present criminal revision has been preferred by the revisionist against the impugned judgment and order dated 1st March, 2025 passed by the Principal Judge, Family Court, Sonbhadra in Criminal Misc. Case No. 575 of 2019 (Khusbu Vs. Jawahir Lal Jaiswal) under Section 125 Cr.P.C., Police Station Pannuganj, District-Sonbhadra, whereby the trial court while allowing the application of opposite party no.2 under Section 125 Cr.P.C. has directed the revisionist to pay Rs. 3,000/- per month to opposite party no.2 from the date of filing of instant application under Section 125 Cr.P.C. till the date of passing of the impugned judgment and Rs. 6,000
The court established that determining biological parentage is vital for maintenance claims, endorsing DNA testing as an essential tool in cases where parentage is disputed.
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....
DNA testing is essential in paternity disputes to determine maintenance obligations, emphasizing children's welfare and rights.
Wife and legitimate child are entitled to maintenance unless proven living in adultery, with allegations requiring strong substantiation.
Paternity of child – DNA testing is the most legitimate and scientifically perfect means which husband could use to establish his assertion of infidelity.
The only disadvantage to the child which is put forward as an argument against the use of a blood test, not for therapeutic purposes but to ascertain paternity, is that the child is exposed to the ri....
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.
Legitimacy of a child born during marriage is conclusive proof under Section 112 of the Indian Evidence Act unless access is disproven.
(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 ....
Power to adjudicate on the issue of maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such maintenance/monthly ....
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