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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Renuka Yara
Doolam alias Thallapally Sharanya – Appellant
Versus
Doolam Vamshidhar Goud – Respondent
| Table of Content |
|---|
| 1. court must prioritize child's right to identity over allegations against the parent. (Para 2 , 3 , 12) |
| 2. arguments presented regarding the necessity and implications of dna testing. (Para 4 , 8 , 9) |
| 3. court's observations on the balance between privacy and the requirement for justice. (Para 10) |
| 4. the final ruling addresses the intersection of legal principles regarding paternity and child protection. (Para 11 , 13) |
ORDER :
Heard Sri Alluri Divakar Reddy, learned counsel for the revision petitioner and Sri Y. Bala Murali, learned counsel for respondent No.1. Perused the entire record.
3. The background of facts leading to filing of the present revision are that respondent No.1 filed H.M.O.P.No.39 of 2024 on the file of the trial Court under Section 13 (1) (i) (ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage between himself and the revision petitioner. The H.M.O.P. is filed on the ground that the revision petitioner is having an extra marital relationship with respondent No.2 and that she is of quarrelsome nature continuously demanding to live separately from his parents apart from partitioning of the property with his parents. The revision petiti
DNA testing for paternity must prioritize the child's rights and cannot be used solely to prove allegations against the parent.
(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, ....
DNA test is intended to rebut `conclusive proof’ provided under Section 112 of Evidence Act.
Section 112 of Indian Evidence Act, which reads as birth during marriage, conclusive proof of legitimacy.
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.
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....
The interest of the child must be safeguarded in paternity disputes, and the court may order a fresh DNA test to ensure the rights of all parties involved.
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