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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Kamla Patel – Appellant
Versus
Govind Bahadur – Respondent
ORDER :
VIVEK JAIN, J.
The present petition has been filed by the petitioner-wife, challenging the order Annexure-P2 dated 18-08-2022 passed by the Family Court Jabalpur, whereby the Family Court has allowed application of the respondent-husband to conduct Deoxyribonucleic Acid Test (DNA Test) to determine whether the girl child born during wedlock of the parties to the marriage is biological child of the respondent-husband, or not.
2. The counsel for the petitioner has vehemently argued that to protect right to privacy, the Family Court could not have issued directions for DNA test of the child to determine that whether she is biological daughter of the respondent-husband, who has filed divorce petition before the Family Court, because it would invade the right of privacy of the individual and also create unnecessary clouds over legitimacy of the child which are not in the interest of the child nor in the interest of the parties. By placing reliance on judgment of the Hon’ble Supreme Court in the case of Aparna Ajinkya Firodia vs Ajinkya Arun Firodia, 2024 (7) SCC 773, it is argued that there is presumption of legitimacy as per Section 122 of Indian Evidence Act and such presumption
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.
(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, ....
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....
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.
Petition filed by the husband seeking dissolution of marriage alleging adultery or infidelity on the part of the wife disputing the paternity of the child born during the subsistence of their marriag....
Husband cannot be asked to pay maintenance to a child where DNA test report records that he is not biological father of child.
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....
Presumption of legitimacy under Section 112 can only be challenged by proving non-access; DNA tests for paternity are not warranted without explicit denial of paternity.
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