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2014 Supreme(SC) 15

CHANDRAMAULI KR.PRASAD, JAGDISH SINGH KHEHAR
Nandlal Wasudeo Badwaik – Appellant
Versus
Lata Nandlal Badwaik – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The result of a genuine DNA test is scientifically accurate and holds significant evidentiary value in determining paternity (!) .

  2. The presumption under section 112 of the Evidence Act, which states that a child born during a valid marriage is conclusively presumed to be the legitimate child of the husband, is rebuttable and does not create an irrebuttable legal fiction (!) (!) .

  3. When scientific evidence, such as DNA testing, indicates that the husband is not the biological father, this evidence can override the presumption of legitimacy under section 112, especially when the husband proves lack of access during the relevant period (!) (!) .

  4. The court must carefully consider whether the conditions for ordering DNA tests are met, including the strength of the prima facie case and the potential consequences of such testing on the parties involved (!) (!) (!) .

  5. The court's primary objective is to ascertain the truth, and scientific evidence should be given precedence over presumptions when there is a conflict, provided the evidence is reliable and relevant (!) .

  6. The legal distinction exists between a legal fiction and a presumption of fact; the former assumes a fact that may not exist, while the latter is based on logical circumstances that support the presumed fact. Section 112 provides for a presumption, not a legal fiction (!) .

  7. The court has the authority to reject the conclusive presumption of legitimacy when scientific evidence, such as DNA test results, clearly establishes that the husband is not the biological father, thus preventing him from being burdened with paternity (!) .

  8. The prior orders for DNA testing are final and binding, and the scientific results obtained through these tests are conclusive unless successfully rebutted by evidence showing lack of access or other relevant circumstances (!) .

  9. The court emphasizes that the truth must prevail, and scientific advancements should be given due weight in legal determinations involving paternity and related issues (!) (!) .

  10. In cases where the marriage was subsisting at the time of birth, but scientific evidence indicates otherwise, the presumption of legitimacy can be rebutted, leading to the conclusion that the husband is not the biological father (!) .

Please let me know if you need further assistance or specific legal analysis.


Judgment :-

Chandramauli Kr. Prasad, J.

Petitioner happens to be the husband of respondent no. 1, Lata Nandlal Badwaik and alleged to be the father of girl child Netra alias Neha Nandlal Badwaik, respondent no. 2, herein. The marriage between them was solemnized on 30th of June, 1990 at Chandrapur. Wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure, but the same was dismissed by the learned Magistrate by order dated 10th December, 1993. Thereafter, the wife resorted to a fresh proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’) claiming maintenance for herself and her daughter, inter alia, alleging that she started living with her husband from 20th of June, 1996 and stayed with him for about two years and during that period got pregnant. She was sent for delivery at her parents’ place where she gave birth to a girl child, the respondent no. 2 herein. Petitioner-husband resisted the claim and alleged that the assertion of the wife that she stayed with him since 20th of June, 1996 is false. He denied that respondent no. 2 is his daughter. After 1991, according to the husband, he had no physica





































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