Husband deemed to be the child's father even if it was born out of wife's adultery: SC
Trending News
1 month, 2 weeks ago

Husband deemed to be the child's father even if it was born out of wife's adultery: SC

Op India  

In a recent judgment, the Supreme Court ordered that if a marriage exists between a man and a woman and they have access to each other, the husband is legally presumed to be the father of any child born to the wife, even if she claims the child resulted from an extramarital affair. Consequently, courts cannot order DNA tests to determine paternity if legitimacy is presumed, as doing so would infringe on the privacy of the man alleged to be the child’s biological father. In 2007, she filed a suit in a munsiff court, seeking a legal declaration that the appellant was the child’s father. Both courts ruled that a valid marriage existed between the woman and her husband at the time of the child’s birth and declined to order a DNA test.

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History of this topic

Child's Right To Know Father Must Be Balanced With Other Person's Right To Privacy; Can't Force DNA Test On Mere Adultery Allegations : Supreme Court
1 month, 2 weeks ago

Child's Right To Know Father Must Be Balanced With Other Person's Right To Privacy; Can't Force DNA Test On Mere Adultery Allegations : Supreme Court

Live Law  

The Supreme Court held that a careful balance must be struck between the child's right to know their biological parents and an individual's right to dignity and privacy. The Court emphasized that once the legitimacy of the child is established under Section 112 of the Evidence Act, it would be unjust to compel a third party to undergo a paternity …

No right to DNA test, paternity determined by legitimacy: SC
1 month, 2 weeks ago

No right to DNA test, paternity determined by legitimacy: SC

Hindustan Times  

The Supreme Court on Tuesday ruled that an individual does not have a legal right to seek a DNA test on another person to prove paternity, underscoring that such an inquiry could lead to a “collateral infringement of privacy” and potentially eviscerate a person’s reputation and standing in society. 'Must be mindful of…' “While permitting an enquiry into a person’s …

Child’s right to know paternity through DNA test must be balanced with right to privacy of ‘potential’ father: SC
1 month, 2 weeks ago

Child’s right to know paternity through DNA test must be balanced with right to privacy of ‘potential’ father: SC

The Hindu  

The Supreme Court on Tuesday held that DNA tests cannot be used as a tool by children to embark on a roving enquiry into their paternity. A child’s legitimate interest to know her biological parent must be balanced by the potential father’s right to protect his privacy and dignity. However, Justice Kant, who authored the judgment, noted that the effects …

SC Upholds Man's Refusal For DNA Test, Rules Interest To Know Father Can't Infringe On Right To Privacy
Trending News
1 month, 2 weeks ago

SC Upholds Man's Refusal For DNA Test, Rules Interest To Know Father Can't Infringe On Right To Privacy

ABP News  

The Supreme Court on Tuesday reaffirmed the principle that a child's legitimacy determines paternity, emphasising that a child born during a valid marriage is presumed to be the legitimate offspring of the parents who had access to each other at the time of conception. Appellant Argued Against DNA Test, Respondent Said Legitimacy And Paternity Are Distinct Concepts The Appellant contended …

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children
1 year, 9 months ago

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children

Live Law  

Terming it a case with an unusual prayer, the Delhi High Court has dismissed a woman's plea seeking directions for her husband and father-in-law to submit their DNA Samples before a DNA profiling agency in Rohini. The woman along with her two children had approached the court after the father-in-law allegedly "cast doubt" on their identity by claiming that "they …

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court
1 year, 11 months ago

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court

Live Law  

The Bombay High Court recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking DNA testing should be thwarted at the very inception. The child is the one on test, not the mother, the court said adding that absolute need and necessity for …

Children have a right to protect their genetic information from DNA tests: SC judgment
2 years ago

Children have a right to protect their genetic information from DNA tests: SC judgment

The Hindu  

The Supreme Court has held in a judgment that children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity. The information goes to the very heart of who she or he is,” the judgment added, emphasising that “a child’s genetic information is part of his fundamental …

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED
2 years ago

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED

Live Law  

Courts in India are witness to bitter matrimonial disputes and the children often become victims in the battles of their own parents. The court said a Family Court no doubt has the power to direct a person to undergo a medical test including a DNA test but “an order directing that a minor child be subjected to DNA test should …

Supreme Court says cannot order DNA test of child to prove infidelity charge
2 years ago

Supreme Court says cannot order DNA test of child to prove infidelity charge

India Today  

The Supreme Court has said that the DNA test of a minor child cannot be ordered routinely in matrimonial disputes involving allegations of infidelity. READ | DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court "Children have the right not to have their legitimacy questioned frivolously before a Court of Law. The …

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court
2 years, 2 months ago

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court

Live Law  

The Bombay High Court recently dismissed a man’s petition challenging the grant of maintenance to his wife, observing that a claim regarding wife's refusal during cross examination to undergo DNA test for ascertaining the paternity of girl child is not sufficient to draw an adverse inference. Justice Kishore C. Sant of the Aurangabad bench said: “Mere submission that question was …

Victim, mother turn hostile, but DNA test nails stepfather, sentenced to 20 yrs in jail
2 years, 3 months ago

Victim, mother turn hostile, but DNA test nails stepfather, sentenced to 20 yrs in jail

India Today  

A special Mumbai court under the Protection of Children from Sexual Offences Act has sentenced a stepfather to 20 years in jail for repeatedly raping his 14-year-old stepdaughter since 2019. READ | DNA test in rape case not conclusive evidence: Bombay High Court The girl's mother had briefly gone to her native place in Uttar Pradesh and the stepfather continued …

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
2 years, 6 months ago

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent. The court was dealing with a petition under Article 227 of the …

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC
3 years, 3 months ago

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC

India Today  

The Allahabad High Court on Thursday held that a rape survivor cannot be compelled to allow her baby to undergo DNA test for determining paternity. The Lucknow bench set aside an order of a POCSO court which had directed for DNA test of the baby on the plea of the minor accused in the rape case. During trial before Juvenile …

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court
3 years, 4 months ago

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court

Live Law  

The Kerala High Court on Thursday heard a woman, who became pregnant pursuant to a sexual assault on her, accusing the investigating officer of not taking steps to conduct the DNA test of her foetus. The primary allegation was that under the guise of complying with the Court's previous interim order to provide her police protection from another police station …

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test
3 years, 5 months ago

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test

News 18  

The Supreme Court Friday said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual. “Whether a person can be compelled to provide a sample for DNA in such matters can also …

After DNA Test, 84-year-old Man Granted Bail by SC in Minor Rape Case
4 years, 6 months ago

After DNA Test, 84-year-old Man Granted Bail by SC in Minor Rape Case

News 18  

After remaining for more than three months behind bars, an 84-year-old man accused of rape will finally walk out of jail after a DNA test declared that he is not the father of a child born of a minor girl he was said to have abused sexually. On Monday, a bench, headed by Justice Sanjay K Kaul, ordered the octogenarian’s …

Section 112 IEA, And The DNA Test: Dissecting The Law
4 years, 7 months ago

Section 112 IEA, And The DNA Test: Dissecting The Law

Live Law  

Section 112 of Indian Evidence Act, 1872, which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Further, if a person declines to comply with the directions issued by court, a presumption of the nature contemplated in Section 114 illustration of the Act could be taken, …

Courts Cannot Routinely Order Determination of Paternity By Way of DNA Tests: MP High Court[Read Judgment]
5 years ago

Courts Cannot Routinely Order Determination of Paternity By Way of DNA Tests: MP High Court[Read Judgment]

Live Law  

The Madhya Pradesh High Court has held that the courts cannot routinely order determination of paternity by way of DNA tests as forcefully subjecting someone to medical examination violates their right to privacy. The order takes cue from a decision of the Supreme Court in Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission For Women & Anr., 8 SCC …

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test
5 years, 4 months ago

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test

Live Law  

The Gujarat High Court has directed an 80 year old man to undergo DNA test.The court upheld an order of Family Court in a suit filed by a person who claimed that the man is his biological father. The Gujarat High Court has directed an 80 year old man to undergo DNA test. The court upheld an order of Family …

Delhi woman accuses Gujarat IAS officer of bigamy, seeks DNA test of child
5 years, 6 months ago

Delhi woman accuses Gujarat IAS officer of bigamy, seeks DNA test of child

India TV News  

A Delhi-based woman, who had leveled allegations of bigamy and cheating against Gujarat-cadre IAS officer Gaurav Dahiya, on Tuesday sought a DNA test of her 8-month old daughter to prove that he is the biological father. The woman arrived in Gandhinagar and met state Director General of Police Shivanand Jha and chairperson of the Gujarat State Commission for Women Leelaben …

Who’s your daddy? Don’t ask a DNA test
5 years, 9 months ago

Who’s your daddy? Don’t ask a DNA test

Salon  

"Man Ordered to Pay $65K in Child Support for Kid Who Isn't His." "Father Hopes to Change State Paternity Law" after losing custody of his biological daughter to another man. Such tales not only appear in the mainstream media but provide fodder for men's rights websites and have even inspired bills to make DNA testing mandatory at birth, though none …

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC
5 years, 9 months ago

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC

Live Law  

Rajasthan High Court held that the courts have to be very careful and sensitive to the circumstances before passing orders for getting the DNA test conducted for establishment of paternity in a case. Background Bench of Justice Sanjeev Prakash Sharma was hearing a petition whereby petitioner husband had challenged the order of a Civil Judge, rejecting his application for demanding …

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]
6 years, 4 months ago

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]

Live Law  

“The court cannot direct DNA or any such test without hearing the person affected irrespective of the fact whether he is a minor or major. If such person is a minor, he should be heard through the guardian.”The Kerala High Court has held that a DNA test cannot be ordered without hearing the person affected, irrespective of the fact whether …

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]
6 years, 4 months ago

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]

Live Law  

“The court cannot direct DNA or any such test without hearing the person affected irrespective of the fact whether he is a minor or major. If such person is a minor, he should be heard through the guardian.”The Kerala High Court has held that a DNA test cannot be ordered without hearing the person affected, irrespective of the fact whether …

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
6 years, 8 months ago

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]

Live Law  

‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The man had approached the family court seeking …

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
6 years, 8 months ago

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]

Live Law  

‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The man had approached the family court seeking …

‘Politician’ Mother Disowns 3rd Child To Escape Disqualification, But DNA Test Nails Her [Read Judgment]
7 years, 10 months ago

‘Politician’ Mother Disowns 3rd Child To Escape Disqualification, But DNA Test Nails Her [Read Judgment]

Live Law  

Strange as it may seem, the facts of this case show to what extent ‘politicians’ stoop to save their ‘posts’.A bench comprising Justice Kurian Joseph and Justice R Banumathi encountered an appeal wherein a mother contended before the court that the third child, which is the reason for her disqualification for the post of panchayat member, is not hers.The bench …

‘Politician’ Mother Disowns 3rd Child To Escape Disqualification, But DNA Test Nails Her [Read Judgment]
7 years, 10 months ago

‘Politician’ Mother Disowns 3rd Child To Escape Disqualification, But DNA Test Nails Her [Read Judgment]

Live Law  

Strange as it may seem, the facts of this case show to what extent ‘politicians’ stoop to save their ‘posts’.A bench comprising Justice Kurian Joseph and Justice R Banumathi encountered an appeal wherein a mother contended before the court that the third child, which is the reason for her disqualification for the post of panchayat member, is not hers.The bench …

Kerala: Test to find if 12-year-old is dad
8 years, 3 months ago

Kerala: Test to find if 12-year-old is dad

Deccan Chronicle  

Kochi: A juvenile court has permitted the police to conduct a DNA test on 12-year-old boy who allegedly impregnated a 17-year-old girl. Principal juvenile magistrate, Ernakulam, passed the order after Kalamassery police moved the court seeking DNA profiling of the boy. According to the Kalamassery CI S. Jayakrishnan, “the court accepted our plea and asked the medical officer to collect …

DNA tests cannot be ordered to prove ‘bald allegations’ of infidelity: Delhi HC summarizes principles for ordering DNA test [Read Judgment]
8 years, 6 months ago

DNA tests cannot be ordered to prove ‘bald allegations’ of infidelity: Delhi HC summarizes principles for ordering DNA test [Read Judgment]

Live Law  

In an elaborate judgment which discusses principles and precedents governing consideration of application seeking direction for a DNA test, a Division Bench of Delhi High Court has held that the strong presumption under Section 112 of the Indian Evidence Act of legitimacy of a child born during marriage can only be rebutted by “strong, clear, satisfying and conclusive” evidence. In …

DNA test necessary to determine biological father: Madras HC
9 years, 8 months ago

DNA test necessary to determine biological father: Madras HC

Firstpost  

The Madras High Court on Tuesday held that DNA test is necessary to know if a person is the biological father of a child, from whom the mother has sought maintenance. Madurai: The Madras High Court on Tuesday held that DNA test is necessary to know if a person is the biological father of a child, from whom the mother …

Birth of child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate: Bombay High Court
9 years, 9 months ago

Birth of child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate: Bombay High Court

Live Law  

Justice Sadhana S. Jadhav of the Bombay High Court has held that, “The birth of a child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate unless parties to marriage had no access to each other at any time when conception took place.”The Court was hearing a Petition …

Birth of child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate: Bombay High Court
9 years, 9 months ago

Birth of child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate: Bombay High Court

Live Law  

Justice Sadhana S. Jadhav of the Bombay High Court has held that, “The birth of a child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate unless parties to marriage had no access to each other at any time when conception took place.”The Court was hearing a Petition …

Mumbai: Family court rejects man’s plea to conduct DNA test on sons
9 years, 10 months ago

Mumbai: Family court rejects man’s plea to conduct DNA test on sons

Hindustan Times  

Taking the delay in filing the petition into account, the family court rejected a man’s plea seeking DNA test of his sons, aged 36 and 28, to establish their paternity and prove that his wife was having an affair. HT Image The court was hearing the divorce petition filed by the man’s wife on grounds of cruelty and desertion. The …

DNA testing is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity: Supreme Court [Read the Judgment]
10 years, 4 months ago

DNA testing is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity: Supreme Court [Read the Judgment]

Live Law  

A Supreme Court bench comprising of Justice J.S. Khehar and Justice R.K. Agrawal accepted the DNA application of a husband, seeking to establish infidelity by his wife, giving a liberty to the wife to comply with or disregard the order passed by the High Court, requiring the holding of the DNA test.The Court said, "In case, she accepts the direction …

In clash over parenthood, DNA test an accurate proof, says Supreme Court [Download Judgment]
11 years, 2 months ago

In clash over parenthood, DNA test an accurate proof, says Supreme Court [Download Judgment]

Live Law  

A Supreme Court bench of justice CK Prasad and justice JS Khehar held DNA test as the accurate proof in a dispute over the parenthood of a child and said a person cannot be forced to pay maintenance to such a child. The Supreme Court held the proof based on scientific advancement "must prevail" over the definite proof envisioned under …

ND Tiwari faces contempt of court for not paying cost for DNA test
12 years, 4 months ago

ND Tiwari faces contempt of court for not paying cost for DNA test

India TV News  

New Delhi, Nov 2: A plea was filed Thursday in the Delhi High Court seeking initiation of contempt of court proceedings against veteran Congress leader N.D. Tiwari for allegedly not paying Rs.25,000 as fine and expenses incurred on his DNA test. The DNA test of the 87-year-old politician was conducted on the court's order linked to a paternity suit filed …

High Court asks Tiwari to undergo DNA test
14 years, 2 months ago

High Court asks Tiwari to undergo DNA test

The Hindu  

In a setback to veteran Congress leader N. D. Tiwari in the three—year old paternity battle, the Delhi High Court today directed him to undergo a DNA test on a suit filed by a young man claiming to be his biological son. Mr. Tiwari, who has held the posts of Chief Minister of undivided Uttar Pradesh and later Uttarakhand, had …

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