Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Maintenance - Paternity of child disputed - Court has power to order a person to undergo DNA test - DNA test is scientifically accurate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child - Paternity denied - DNA test to determine the paternity of child - In a petition u/s 125 Cr.P.C. Magistrate is not justified in directing DNA test for determination of paternity of child...........
Criminal Procedure Code, 1973, Section 53, Indian Penal Code, 1860, Section 376, 417 -- Blood sample - Paternity of child - Medical examination of accused for deciding paternity of accused sought by prosecution - Report of Chemical Analyser indicating blood groups of prosecutrix and accused - There was no attempt by him to find out as to whether the child begotten by the..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings are summary in nature - Decision of a Criminal Court in a criminal proceedings will not operate as decisive in any civil proceedings between the parties regarding the paternity of the child...........
Evidence Act, 1872, Section 112 -- DNA test - Husband excluded from possible paternity of the child - Is of no consequence unless presumption u/s 112 of Evidence Act is not displaced by husband by proving non access...........
Evidence Act, 1872, Section 112 -- Paternity and maternity both denied - Presumption u/s 112 is not applicable...........
Evidence Act, 1872, Section 112 -- Child - Paternity - Birth of child during continuation of marriage is a conclusive proof of legitimacy - Burden of proof is on the person who asserts illegitimacy...........
Criminal Procedure Code, 1973, Section 125 -- Child - Interim maintenance - Paternity - At the time of grant of interim maintenance the fact of paternity is not required to be proved...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage denied - Paternity of children also denied - Ration card produced but not proved hence not relied - Voter's list proved - Children shown to be issues of petitioner in school certificate - No evidence in rebuttal - Children alone entitled to maintenance...........
Evidence Act, 1872, Section 112 -- Displacing of the presumption of paternity of a child born during subsistence of a valid marriage - Standard of proof to displace such presumption is that there was no possibility of the child being conceived through the husband...........
