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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 :
Renuka Yara, J.
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.
2. This revision petition is filed by the revision petitioner aggrieved by the order of the learned Senior Civil Judge at Jagtial (‘trial Court’), in I.A.No.173 of 2024 in H.M.O.P.No.39 of 2024, dated 17.09.2024, wherein a petition filed under Section 45 of the Indian Evidence Act , 1872, to direct respondent No.1 and baby girl by name Maheera (‘minor child’) for DNA test to ascertain the paternity of the baby girl has been allowed with a direction for respondent No.1 and minor child to appear before the Director, Forensic Science Laboratory (‘FSL’) for DNA test within tw
DNA testing for paternity must prioritize the child's rights and cannot be used solely to prove allegations against the parent.
The right to privacy of a child outweighs the need for DNA testing in marital disputes.
(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 tests permissible in paternity disputes with prima facie non-access and balanced interests, overriding routine privacy objections.
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....
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