Showing : 1-10 of 17 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13(1)-- Divorce petition - DNA test - Paternity of son disputed - No provision in Hindu Marriage Act to order such a test - However, Court can pass such an order by invoking inherent jurisdiction to secure ends of justice...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 151-- DNA test to establish paternity of the children - Applicant had an opportunity to ask for DNA test in a petition filed by wife u/s 9 of Hindu Marriage Act for restitution of conjugal rights which he did not avail - No reasons given for not claiming such relief in the matrimonial court -..........

Showing : 1-10 of 17 Results