Evidence Act, 1872, Section 112 -- DNA test - Cannot be ordered so as to lead to a roving enquiry...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration that plaintiff is daughter of defendant - Defendant cannot be compelled to prove the case in the manner as suggested by contesting party - Burden lies on litigating party to prove her case by adducing evidence in support of her plea - DNA test cannot be ordered so as to lead to a roving enquiry - Plaintiff..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conducting of DNA test can only be directed, when case falls outside the presumption as provided u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife were living together at the time of birth of child - Husband thus, was having access for cohabitation - Question regarding presumption u/s 112 of the Act does not arise...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - DNA paternity Test requires to be conducted only in exceptional cases and therefore, child cannot be used as a weapon to get divorce on the ground of adultery on the strength of outcome of a DNA paternity Test...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - It is necessary for party concerned firstly to prove that there was no access between husband and wife and only thereafter benefits of exceptional exclusion from purview of S.112 of the Act can be extended to aggrieved party...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband categorically admitted that he used to visit wife every weekend - Evidently, couple had access to each other - Child was born to couple having access to each other and during subsistence of valid marriage between them - Presumption u/s 112 of the Act gets attracted - Paternity of child held, cannot..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child an admitted fact and not a question in controversy - DNA examination is quite unnecessary in such a case - Application for DNA test rejected...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Evidence of DNA test to rebut conclusive presumption available u/s 112 of the Act can be allowed only when there is compelling circumstances linked with access. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial dispute - Children have right not to have their legitimacy questioned frivolously before a Court of law, is part of their right to privacy - They are not subjected to forensic/DNA testing particularly when they are not parties to divorce proceeding. (As per judgment of B.V.Nagarathna, J.)..........
