Evidence Act, 1872, Section 112 -- DNA test - Paternity - Partition suit - Paternity of plaintiff/son is disputed by defendant/father - It is thus, necessary to decide whether plaintiff is son of defendant or not, for which DNA test is essential - Application for DNA test allowed - However, liberty is granted to defendant to comply with or disregard order requiring parties..........
Civil Procedure Code, 1908, Section 24, 20 -- Transfer of suit - Suit for declaration of paternity of child - Wife sought transfer of suit from Guwahati to Silchar - He failed to show that wife is having her house at Guwahati or any other relatives staying at Guwahati - More so, wife has minor son and it would be difficult on her part to take minor son along with her to..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of children - Suit for declaration and permanent injunction - Documents on record specifically birth certificates establish the fact that plaintiffs are sons of deceased - Defendants on the other hand have not produced any evidence to show that these documents are forged, fabricated or procured documents - Evidence on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband challenged the paternity of two children born from out of marriage of parties - However, no evidence led by husband that children were not born from out of marriage of parties - Husband never applied for getting DNA of both the children - On the other hand various documents are..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband questioned the paternity of two children - However, husband permitted their marriage ceremonies to be performed from his home - Even, husband never objected to wife using his name as father of children or he had approached Court of law or any other forum questioning paternity..........
Evidence Act, 1872, Section 112 -- DNA test - Determination of paternity - Suit for declaration of title - Plaintiff claiming himself to be sole surviving heir of deceased - Defendant on the other hand also claiming herself a daughter of deceased though deceased not married with her mother and was subsequently adopted and deceased executed Will in her favour - Both..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Initially, adultery was not even pleaded in grounds for dissolution of marriage - Moreover, it is not fathomable that husband would file a petition for restitution of conjugal rights if he had serious doubts about fidelity of his wife and paternity of second child - Ground of adultery not proved...........
Hindu Marriage Act, 1955, Section 16 -- Paternity of child - Applicability of S.16 of the Act - There is only a mere denial of marriage between father and mother of plaintiff - It will not constitute application of S.16 of the Act - Marriage being old one, having an old age of more than 51 years and not capable of proving by documents or by direct evidence - School..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial case pending between parties - Husband filed application for DNA test of himself, wife and her child - Wife stayed with him only for 3 days and there was no cohabitation even during those three days and thereafter she left matrimonial home - Husband alleged that after leaving matrimonial home,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Levelling of disgusting accusations and doubting character of a wife as also doubting paternity of daughter would amount to nothing but acute cruelty and would entitle wife to a decree of divorce - Divorce petition allowed...........
