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...........
Evidence Act, 1872, Section 112, 45 -- Legitimacy of child - DNA test to determine paternity of child - Matrimonial Court has the power to order a person to undergo medical test - Such an order not violative of right to personal liberty - There must be strong case and sufficient material before Court - Court can draw adverse inference against a party refusing to undergo..........
Indian Penal Code, 1860, Section 302, 304 -- Part-I - Murder or culpable homicide - Accused while quarreling with his wife, all of a sudden stabbed his baby son on his chest/neck and also stabbed his daughter on her back - Baby son succumbed to the injuries at the spot - Wife admitted that she had illicit relationship - But no evidence that wife provoked the accused or..........
Evidence Act, 1872, Section 112 -- DNA test - Plaintiff suit for succession seeking DNA comparison to establish paternity of her daughter - In instant case to succeed the suit only valid marriage between plaintiff and deceased was required to be proved - DNA test not required...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child - Denial of paternity - Proof and probative value of certificate issued by Registrar of Birth and Deaths - Birth certificate is admissible as a public document - No formal proof of it is necessary - Heavy burden rests on the opposite party to disprove the contents thereof - In the instant case there is no..........
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 - Application dismissed...........
Evidence Act, 1872, Section 112 -- Child - Paternity - There is presumption of legitimacy when there is no allegation by husband that child was born as a consequence of illicit relationship of wife with third person...........
Evidence Act, 1872, Section 112 -- Legitimacy of child - Proof - Advent of science and technology has made it possible to authentically ascertain whether a person is or is not the biological father of a child - Conclusive presumption of paternity u/s 112 of the Act is one such presumption...........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - Does not affect fundamental right and is not violative of right to personal liberty - Mother exparte - No question of compelling her to undergo DNA test - DNA test performed on father alone will prove that petitioner is father without any test conducted on mother...........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 112 -- DNA test - Marriage sought to be declared null and void on ground that wife was pregnant by some other person at the time of marriage - During pendency of petition wife gave birth to a female child - Paternity of child also a necessary issue for effective adjudication of controversy between the..........
