Evidence Act, 1872, Section 112 -- DNA Test - Paternity of children - Divorce proceedings pending between parties on the ground of adultery/infidelity - Husband prayed for DNA test of three major children who are not party to original proceeding - However, children are not cooperating with DNA test on ground of privacy, reputation and dignity - Children cannot be compelled..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to minor child - Paternity of child - Legitimacy of birth is totally irrelevant and insignificant while considering right of child to get maintenance from his father, as even an illegitimate child can claim maintenance from his biological father if conditions are satisfied...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to minor child - Paternity of child - Presumption - In a petition seeking maintenance u/s 125 Cr.P.C, presumption u/s 112 of Evidence Act, cannot be stretched to bring up a legal bar in the way of enquiry to find out true paternity of a child, as emphasis on a petition filed u/s 125..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband never attempted to provide shelter, maintenance charges or medical expenditure to his wife and son - He made baseless questions with regard to paternity of his own son to save himself from ability to maintain his own child - This conduct of husband cannot be ignored which..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and general allegations of cruelty levelled against wife and that too not substantiated by any evidence - Specific instances of cruelty not given - Husband utterly failed to prove allegations that there were illicit relations between wife and respondent no.2 - Conduct of wife not..........
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 was in subsistence and child is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance to wife and child - Husband cannot shy away from his statutory obligation of maintaining his legally wedded wife and minor son in absence of denial of existence of marriage and paternity of minor son...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Interim maintenance to wife and minor child - Wife and her minor child are to be maintained by husband, in the absence of denial of existence of marriage and denial of paternity of minor child - Both the parents have legal, moral and social duty to provide to their child the best education and standard..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance to wife and minor child - Minor child is staying with wife - Paternity of child not disputed - Existence of marriage also not denied - Husband cannot shy away from his statutory obligation of maintaining his legally wedded wife and his minor child - Determination of maintenance amount is a..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Plaintiff claims herself to be daughter of defendant, whereas, defendant disputed this fact - She herself came forward with an application to undergo DNA profiling test - Plaintiff in the main case has sought maintenance - Question of entitlement of maintenance would always depend upon the fact whether..........
