Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Parties cannot be ordered to undergo DNA test in a mechanical manner - Direction can be issued only in deserving cases - Parties may lead evidence to prove or disprove the factum of paternity and only if Court finds it impossible to draw an inference or adverse inference on the basis of such evidence on..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 114 -- Maintenance - Denial of relationship of husband and wife - Son born out of such relationship - Wife moved application for DNA test for determining paternity of son - Husband disagreed for DNA test and opposed the application - Adverse inference drawn against husband - Court below rightly granted..........
Indian Penal Code, 1860, Section 376 -- Rape - DNA test - Direction issued to police that in every rape case DNA test be conducted, which is most powerful investigative tool to either confirm or exclude the involvement of accused Viz: (i) where the doctor preparing MLC of prosecutrix prepares vaginal slides and clothing of prosecutrix, which upon test by FSL confirms the..........
Mohammedan Law -- Marriage - Presumption of relationship of husband and wife - (a) Where there is prolonged and continual cohabitation as husband and wife or (b) Fact of acknowledgement by man of paternity of child born to a woman or (c) Fact of acknowledgement by man of woman as his wife...........
Evidence Act, 1872, Section 45, 112, Civil Procedure Code, 1908, Section 151 -- DNA test - Paternity of child - Illicit relations between parties - Mother of child herself admits that she was never married to plaintiff but she developed illicit relations with plaintiff out of which petitioner/child was born - Child though born out of illicit relationship, he has every..........
Evidence Act, 1872, Section 112 -- D.N.A test - Paternity - Boy now aged 18 years of age - No mention as to how doubt arose as to paternity - It is also not mentioned that at the time of conceiving father was not living in the house of mother and that he had no access to her - Dismissal of application - Order upheld...........
Evidence Act, 1872, Section 112 -- DNA test of terminally ill person can be conducted to determine the issue of paternity...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A stray act of adultery or disputing the paternity is not a sole ground to refuse maintenance when marriage and its subsistence not in dispute...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A stray act of adultery or disputing the paternity is not a sole ground to refuse maintenance when marriage and its subsistence not in dispute...........
