Evidence Act, 1872, Section 112 -- DNA test - Suit for partition and separate possession - Petitioner No.1 and respondent No.7 claim to be children of respondent No.1 & Petitioner No.2 - Respondent No.1 father denied the factum of his wedlock with petitioner No.2 mother - Whether there was any legal marriage performed between respondent No.1 and petitioner No.2 would not..........
DNA Test -- Appellant claimed to be daughter of respondent and applied for paternity test to be conducted - Trial Court directed to proceed with DNA test as sought by appellant - Appeal allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by child - Dispute as to paternity of child - DNA test - Held, concept of testimonial compulsion is applicable only to criminal cases by virtue of Art.20(3) of Constitution - For conducting necessary medical tests including DNA test for purpose of deciding paternity of a child or for any other similar..........
Evidence Act, 1872, Section 45, 112 -- DNA Test - Child born out of illicit relations - Respondent No.3 did not file reply denying to be the biological father of child of petitioner and denying physical contact with petitioner mother - Police should follow scientific investigation including DNA testing, especially in the cases involving crime against women - DNA testing..........
Indian Penal Code, 1860, Section 376,90 -- Rape - Misconception of fact - Sexual relation on false promise of marriage resulting in birth of child - Accused did not give his blood for DNA test to ascertain paternity of child - Adverse inference may be easily drawn against accused - No evidence that victim was girl of easy virtue or had chance of being pregnant through any..........
Evidence Act, 1872, Section 112,114 -- DNA test to determine paternity of child - Order of Court - In case of refusal, Court can order use of police force to take sample - Contention that Court can draw adverse inference in case of refusal - Contention repelled...........
Family Courts Act, 1984, Section 7(1)(f), 7(1)(e), Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 CrPC by illegitimate child - Under S.125 Cr.P.C. an illegitimate minor child is entitled to seek maintenance - Emphasis is on paternity and not on legitimacy...........
Family Courts Act, 1984, Section 7(1)(f), 7(1)(e) -- Claim of maintenance by illegitimate child - DNA test - In a claim for maintenance, Family Court has power to decide issue as to paternity and order respondent to undergo DNA test...........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - Only in exceptional and deserving cases where such test becomes indispensable to resolve controversy, Court can Order DNA test...........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - No marital relationship between parties, as alleged by respondent, prima facie proved - Held, in such situation, petitioner should not be directed to undergo DNA test - Court can order only on prima facie satisfaction of proof regarding truth of allegations...........
