Evidence Act, 1872, Section 112 -- DNA test - Partition suit - Plaintiff sought sibling DNA test to prove that she is daughter of `K' and `M' - However, DNA test even if allowed will not establish the marriage between `K' and `M' - Moreover, said marriage took place 81 years back and that no one who witnessed the marriage are alive and there exists no way to prove the..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Paternity of child - DNA test - Husband admits his marriage with wife although it was argued that saptpadi was not done - However, same is not material at this stage - It cannot be said that marriage between parties is not a valid marriage - Wife is seeking DNA examination so as to..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of Child - Divorce proceedings - Whether or not the wife had an adulterous relationship could be gone into without subjecting child to a paternity test - Husband cannot impact interest of child who is not a party to proceedings - Application rightly rejected...........
Evidence Act, 1872, Section 112 -- DNA test - Cannot be ordered so as to lead to a roving enquiry...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration that plaintiff is daughter of defendant - Defendant cannot be compelled to prove the case in the manner as suggested by contesting party - Burden lies on litigating party to prove her case by adducing evidence in support of her plea - DNA test cannot be ordered so as to lead to a roving enquiry - Plaintiff..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conducting of DNA test can only be directed, when case falls outside the presumption as provided u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife were living together at the time of birth of child - Husband thus, was having access for cohabitation - Question regarding presumption u/s 112 of the Act does not arise...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - DNA paternity Test requires to be conducted only in exceptional cases and therefore, child cannot be used as a weapon to get divorce on the ground of adultery on the strength of outcome of a DNA paternity Test...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - It is necessary for party concerned firstly to prove that there was no access between husband and wife and only thereafter benefits of exceptional exclusion from purview of S.112 of the Act can be extended to aggrieved party...........
