Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - DNA testing cannot be ordered as a matter of routine or merely on asking of a party - Such direction can be issued only in exceptional circumstances where strong prima facie material is available to show non-access or where interests of justice so demand...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband neither specifically pleaded nor attempted to establish non-access between himself and wife during relevant period - In absence of such foundational pleading and material statutory presumption u/s 112 of the Act remains intact - Application rightly rejected...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband directly seek DNA examination without first discharging burden of rebutting presumption of legitimacy, which is not countenanced in law - Permitting such a course would render protection u/s 112 of the Act invalid...........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116), Civil Procedure Code, 1908, O.26.R.10-A - DNA test - Maternity of child - When a female counterpart is not disputing her marriage with a male but she is denying the fact that a child is not her own then it is not a case of testing paternity but rather a case to decide maternity of child...........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116) - DNA test - Person cannot be forced to undergo a paternity or maternity test, but a direction can be issued to a person to undergo a DNA test - If anyone does not appears for DNA test or denies to undergo test then, issue would be determined by Court by drawing a presumption of nature..........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116) - DNA test - Word "son" with "child" is merely replaced u/s 116 BNS - It did not contemplate a scenario where a female may also deny fact that child is hers...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Order for DNA test cannot be given in routine manner and can be directed in specific circumstances where any person proves that there was no chance for cohabitation between parties during relevant period...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Proceedings under PWDV Act - Husband has merely stated that his wife remained in matrimonial house for few days and child is not his biological child - Courts below have given specific findings while dismissing the application - No interference warranted in it - Application rightly dismissed...........
Evidence Act, 1872, Section 112 -- DNA test - Murder - When there is no eye witness to the incident, forensic evidence as contained in DNA report being inconclusive and chain of circumstances is not complete...........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child - Divorce proceedings - Divorce petition filed against wife on the ground of adultery - Child is not a party to divorce proceedings - Therefore, child cannot be used as means to prove adultery if any committed by wife - Husband is at liberty to adduce other evidence to prove his case of adultery against..........
