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P. B. BAJANTHRI, JITENDRA KUMAR
Sunny Devi – Appellant
Versus
Ram Babu Kumar – Respondent
JUDGMENT (CAV)
Jitendra Kumar, J.—The present appeal has been filed under Section 19 of the Family Courts Act, 1984 impugning the judgment dated 18.04.2019, passed by Ld. Principal Judge, Family Court, East Champaran, Motihari in Matrimonial (Divorce) Case No. 250 of 2012, whereby the petition, filed by the Plaintiff-Respondent under Section 12(d) of the Hindu Marriage Act, 1955 praying for decree of nullity for annulment of marriage between the parties, has been allowed on contest.
2. The case of the Plaintiff-Respondent, as per the petition filed before the Family Court, is that marriage between the parties was solemnized on 19.04.2012 at the Village Malahi Bazar situated in the District East Champaran as per Hindu rites and customs. The parties had last resided together at Sunarpur located in the local jurisdiction of the Family Court, East Champaran, Motihari. It is also averred that there is no petition filed by the Plaintiff-Respondent prior to the present petition and there was no collusion between the parties to present the matrimonial petition. It is further averred that following the marriage, the Defendant-Appellant joined his matrimonial house. It is further averred that
(1) Nullity of marriage – Husband is strongly presumed to be father of child born to his wife. Presumption could be rebutted only when husband proves that husband and wife had no access to each other....
The legitimacy of a child born during a valid marriage is conclusive under Section 112, barring evidence of non-access, and courts cannot compel DNA testing.
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....
Section 112 of Indian Evidence Act, which reads as birth during marriage, conclusive proof of legitimacy.
The presumption of legitimacy under Section 112 of the Evidence Act is conclusive and can only be rebutted by strong evidence of non-access; unilateral DNA tests conducted without consent are insuffi....
The presumption of legitimacy under Section 112 of the Evidence Act is not easily rebutted and can only be dislodged by establishing a strong prima facie case. Refusal to undergo a D.N.A. test for th....
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