Showing : 1-10 of 19 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 23(1)(a)-- Divorce - Cruelty and desertion - Petition by husband - Husband after birth of child had not taken any step to see child till the date of his deposition in Court - Such a conduct along with prayer to make DNA test amounts to humiliate wife and child in public eyes in society - A wronged party..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Non-consummation of marriage by wife - Paternity of child is disputed - Husband and wife both stayed separately for over 14 years - DNA test report proved that child born to wife is not of husband - Even testimonies of PWs demonstrates that both husband and wife not lead a..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - Petition by husband - Husband disputing paternity of child - Husband suspecting character of wife and paternity of their child - However, no substance found in such baseless allegations because child was born when couple was residing together and when marriage between couple..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(i)(a)-- Divorce - Cruelty - Adultery - Wife living in adultery and have a child out of this relation - As per DNA test, husband has held not to be the biological father of minor child given birth to by wife - Neither wife nor her lover, is present before Court to controvert any of the averments - On the..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib)-- Divorce - Adultery - Desertion - Petition by husband - Wife herself admitted that she lived at her matrimonial home only for 7 days - She lived at her paternal home for a long time during which a child was also born, when there appeared to be no connection between both parties - Refusal of wife..........
PATNA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Plea of illicit relations of wife and birth of a girl child - Wife volunteered for DNA test - Court without considering request of wife passed decree of divorce - Decree set aside - Matter remitted back for decision afresh after getting report of DNA test...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ii), Evidence Act, 1872, Section 112-- Divorce - Adultery - DNA test - Husband moved an application seeking DNA test of himself and male child born to wife to prove his contention in respect of infidelity of wife - High Court rightly allowed application of husband for DNA test and giving liberty to wife to comply with or disregard the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(i), Evidence Act, 1872, Section 4, 112-- Divorce - Adultery - Examination of doctor to prove DNA report that petitioner is not the father of child born to respondent - Child born during continuance of a valid marriage to be treated as conclusive proof of legitimacy of child - Moreover adulterer not impleaded as a respondent - In view of..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Hindu Marriage Act, 1955, Section 12(d)-- Divorce - Son born within five months and six days of marriage - DNA test report that husband was not his biological father - Marriage declared nullity...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will-- Legitimacy of child - Presumption - DNA test - Birth during continuance of valid marriage - Held, conclusive proof of legitimacy of child born - Conclusiveness of such presumption cannot be rebutted by DNA test - Proof of non-access to each other is the only way to rebut that presumption - Once..........

Showing : 1-10 of 19 Results