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G. S. AHLUWALIA
URMILA SINGH – Appellant
Versus
SAUDAN SINGH – Respondent
ORDER : – This petition under Article 227 of the Constitution of India has been filed against the order dated 12-5-2017 passed by Twelfth Civil Judge, Class II, Gwalior in Civil Suit No. 17-A/2014 by which the application filed by the petitioner for conducting DNA test of Hemlata Yadav has been rejected.
2. The necessary facts for disposal of present petition in short are that the husband of the petitioner, namely Late Kaptan Singh had filed a civil suit against the respondents/defendants for partition. During the pendency of this suit, the husband of the petitioner died. As a result, an application for bringing the petitioner as legal representative on record was moved. An objection was raised by respondent No. 2 to the application by alleging that the petitioner has not impleaded Hemlata Yadav as legal representative of Late Kaptan Singh, whereas she is the daughter of Late Kaptan Singh. Thereafter, the petitioner moved an application under Order 26 Rule 10(A), Civil Procedure Code read with section 45 of Indian Evidence Act on the ground that the petitioner who is the wife of Late Kaptan Singh had never given birth to any child and Hemlata Yadav is the daughter of respondent No.
The main legal point established in the judgment is the high standard of proof required to displace the presumption of legitimacy under section 112 of the Evidence Act and the need for a strong prima....
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....
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....
The main legal point established is that a DNA test cannot be ordered as a matter of routine and should only be ordered if a strong prima facie case is made. The burden of proof lies on the litigatin....
The court upheld the right to privacy under Article 21, ruling that a party cannot be compelled to undergo a DNA test without exceptional circumstances, emphasizing the presumption of legitimacy in p....
DNA test - Become absolutely necessary to order DNA test to find out the truth regarding the paternity of the second petitioner.
A party cannot be compelled to undergo a DNA test without a strong prima facie case established by the requesting party, emphasizing the burden of proof and privacy rights.
DNA tests are not mandatory, but adverse inferences can be drawn as per the Evidence Act.
DNA tests permissible in paternity disputes with prima facie non-access and balanced interests, overriding routine privacy objections.
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