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K. SURENDER
Mohammed Munawar @ M. Manohar – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. The petitioner(Husband) is questioning the orders of the learned Additional Family Court Judge dated 29.11.2022 in Crl.M.P.No.44 of 2020 in M.C.No.243 of 2017 directing the him to undergo DNA test to determine whether he is the father of the minor namely Mohammed Rayyam Ahmed/3rd respondent(Son) herein. The said petition was filed by the 2nd respondent herein(Wife) before the Family Court. For convenience the parties will be referred as “Husband’, ‘Wife’ and “Son’.
2. According to wife of the petitioner, after marriage they were blessed with the child on 02.11.2013. On the ground of continued harassment, an application was filed under Section 125 of Cr.P.C by the wife. In the counter affidavit filed by the husband, he denied the marital relationship and also stated that he is not the biological father of the child. For the said reason, to determine the paternity of the child, the wife filed the petition under Section 45 r/w Section 112 of the Indian Evidence Act praying the Court to direct DNA testing to determine the paternity of the child.
3. Learned counsel appearing for the petitioner would submit that as a matter of routine, the courts cannot direct parties to undergo
DNA testing is essential in paternity disputes to determine maintenance obligations, emphasizing children's welfare and rights.
The discretion to order a DNA test in a maintenance claim under Section 125 of the Code requires a strong prima facie case to establish non-access, and the legitimacy of a child should not be put to ....
DNA tests in paternity disputes must be supported by strong prima facie evidence and should not be ordered routinely, respecting the presumption of paternity under Section 112 of the Evidence Act.
Maintenance proceeding – In proceedings under Section 125 of Cr.P.C., if husband disputes marital relationship or paternity of child, Court is empowered to direct DNA test to ascertain truth of such ....
A DNA test can be mandated in family law disputes involving paternity when there is a strong prima facie case and an eminent need for the test, particularly in the context of allegations of unchastit....
The main legal point established in the judgment is the necessity of proving the disputed marriage before ordering a DNA test to determine the legitimacy of a child. The court emphasized the sparing ....
DNA test is intended to rebut `conclusive proof’ provided under Section 112 of Evidence Act.
A DNA test to determine paternity is permissible in maintenance claims under Section 125 of the Cr.P.C. when paternity is disputed, provided a compelling reason exists.
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