...illegitimate child. Since the claim is for maintenance alone and the Family Court, no doubt, has the power to decide the issue as to paternity, and the present ...approached the Family Court with a prayer to revive the Maintenance petition and to permit the petitioner to prosecute the same. It was contended that “paternity” and “legitimacy” are distinct con...jurisdiction. For arriving at the said finding, the Family Court proceeded on the premise that the issue with regard to paternity could only be decided by the Family Court. According ...

...on legitimacy, in a proceeding under S.125 brought by an illegitimate child. Since the claim is for maintenance alone and the Family Court, no doubt, has the power to decide the issue ...Family Court would indeed have the power to entertain the application for DNA test. It would also have the power to incidentally decide the question of paternity. ...eminently needed. DNA test in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court ...

...alleged to be the father. Since the passing of 1969 Act the general practice has been to use blood tests when paternity is in issue. However, it is to be stated that the court cannot orde...parenthood, ‘parentage’ rather than paternity has to be determined before the court. Father as well as mothers can apply for maintenance. Therefore contests can include mothers' denial of ...matter suitable for ancillary relief; and the High Court Judge can order the blood test. Likewise, of course, a magistrate's court has no power to order a blood test against the will of the parties. The...

...case and the court must carefully examine as to what would be the consequence of ordering the blood test. In Sharda (2003) 4 SCC 493 while concluding that a matrimonial court has power to.... The 1993 Act has not entrusted the State Commission with the power to take up the role of a court or an adjudicatory tribunal and determine the rights of the parties. The State Commission is not a...conclusions thus: (Sharda case (2003) 4 SCC 493)“1. A matrimonial court has the power to order a person to undergo medical test...

...Act.58. A Family Court, no doubt, has the power to direct a person to undergo medical tests, including a DNA test and such an order would not be in violation of...relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has to consider diverse aspec...High Court can order a blood test on a paternity issue or indeed on any other issue, when doing so would be in the best interest of the child to do so.74. This Court...

...Order1. The appellant, M. Govindaraju, was born to Pappammal from the loins of Munisami Gounder. The trial court as well as the High Court have neither disputed the...paternity nor the maternity of the appellant. He has been denied his share in the joint Hindu family property owned by his father on the sole ground that when begotten no valid marriage subsisted between...his parents. The trial court was in his favour though in giving him legitimacy, but the High Court branded the appellant as an illegitimate child of his parents and, hence, not entitled to claim...

...have jurisdiction to entertain the original suit; and (iii) since only the Family Court can determine maintenance and legitimacy, the Family Court could proceed to determine paternity ...maintenance. (c) The Family Court was entitled to revive the Maintenance Petition because the condition for its revival was bad in law as legitimacy and paternity are...law that the Family Court has exclusive jurisdiction over a suit or proceeding for a declaration as to the legitimacy of a person. However, the Family Court cannot entertain any proceedin...

...contact of the parties cannot be taken as a ground to infer consent for the incident, which occurred in August 1997. The trial court also noticed that the accused had spoiled the future of PW 2 and disputed...the paternity of the child and he cannot escape on the loophole of consent. The trial court, however, found nothing to attract Section 417 IPC, but convicted the accused under Section 376 IPC and...High Court in Criminal Appeal No. 1139 of 2003. The High Court noticed that both in the chief-examination as well as in the cross-examination PW 2 has stated that the initial sexual act was without her...

...Kurian Joseph, J.:— Whether paternity of a child is an issue to be considered by the Family Court under Section 7(1)(e) of the Family Courts Act, 1984, without...within the jurisdiction of the Family Court. Paternity of a child can be gone into as incidental to a dispute on the legitimacy arising only out of a claim on marital relationship between the parties...claimed by the first respondent herein before the Family Court reads as follows:—“Therefore, it is humbly prayed that this Hon'ble Court be pleased to declare that Bharat Kumar K. Palicha...

...needed. DNA test in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has ...held as under:“21. In a matter where paternity of a child is in issue before the court, the use of DNA test is an extremely delicate and sensitive aspect. One view is that when...(2003) 4 SCC 493 while concluding that a matrimonial court has power to order a person to undergo a medical test, it was reiterated that the court should exercise such a power if the appl...

...were joint family properties left by Rangaswami Chettiar. Thereafter the two widows who are the appellants before us applied for and obtained a certificate to appeal to this Court as the decree of the...understand such a gift being made to a daughter when she is leaving the family of her father. As it is the duty of the father or his representative to marry the daughter, such a gift may be and has...it was not competent for Rangaswami Chettiar to make a gift of immovable joint family property to his wife. The trial court therefore held the gift to be invalid and gave the plaintiff a decree for...

...observation:“However, since the appellant has made a prestige issue and it appears to this Court that in case in the DNA test if it is found that the son of the...the respondent husband had made a prestige issue about the paternity of the child, nothing could be found from the impugned order of the High Court which could invite the Court to allow such application...application stating inter alia that the child was born from the wedlock of the parties and it was also brought to the notice of the High Court that the respondent husband did not deny the paternity of the...

...suspicious at all. As far as the High Court is concerned, it has only gone by the exclusion of Krishna Bhagavan in the Will and the bequeathal of a major portion to the appellants. This is legally no groun...judgment in As Nos. 720 and 990 of 1997, the above appeals were filed in this Court.4. The facts and circumstances which led to the filing of the appeals and four suits may...was further submitted that the appellants have not even made any submissions before the High Court that the property is not the joint family property. As there was neither a pleading, evidence...

.... (2014 KHC 4675), the Honb'le Supreme Court has gone into the question as to whether a person can be compelled to go for DNA test and whether that will intrude into the right of individual privacy and...is denying the paternity to prove the same by adducing scientific evidence for enabling the court to consider as to whether he is liable to pay maintenance to that child or not. ...this petition, he filed Ext. P3 petition as C.M.P No. 33/2015 in M.C No. 94/2014 for conducting DNA (Deoxyribo Nucleic Acid) test to find out the paternity of the 2 respondent. First respondent filed...

...though the Court could issue a direction for DNA testing but not implement or enforce the same, has the tendency of making the law and the Court, a laughing stock. The perception of “the law” as Mr...judgment refers extensively to the law in this regard in other countries. We are however of the opinion that once the Supreme Court in the judgments supra has held the civil court entitled to ...take necessary steps for collecting the blood sample of the petitioner.5. The impugned order FAO (OS) No. 547 of 2011 of the High Court stands modified to the extent as...

...without any objection whatever for a long period extending over 14 years, it would as well be recognised as a family settlement and the court would be extremely reluctant to disturb the arrangement...the Plaintiff 5 whose paternity was in dispute was added as a party defendant to the suit, plaintiffs claiming that she was the daughter of Plaintiff 5 by Haji and the Defendants 1 to 5 alleging that...?6. As regards the first issue there was no document evidencing the marriage between Plaintiff 5 and Haji. Plaintiff 5 and Haji had however lived together as man and wife for 23 to 24...

..., hence this matter has jurisdiction in the matter.”The learned trial court, while recording the findings under Issue 8 has held the suit to be not within...the impugned judgment, the High Court also dealt with the question of limitation. The High Court observed that the learned trial court while recording the findings under Issue 8 has held the suit ...the learned lower appellate court raise the presumption as envisaged under Section 112 of the Evidence Act relating parentage to Shri Balak Ram deceased from whom she severed all the relationship...

...conducted for determining the issue of the paternity of the 4th respondent, a minor girl by name Shanija, aged 11 years. The learned Family Court, under Ext.P2, has noticed the decision already taken....2. By Ext.P2, the learned Family Court has dismissed IA No. 4249/2011. The above IA was filed by the petitioner, husband of the 1st respondent, for a direction for allowing him to have DNA test...by the Court in OP No. 189/2002, wherein the question of paternity of the 4 respondent has been decided against the petitioner. According to the court below, it is not proper to allow a party ...

...blood test on a paternity issue or indeed any other issue. Lord Denning, M.R. concluded thus : The conclusion of the whole matter is that a judge of the High Court has power ...if there is an existing rule of law which actively excludes the type of evidence under consideration or if the court has no power to order such evidence to be made available, as in W. v. W. (No. 4...including the child to submit to blood test for determining paternity. It was however held that a judge of the High Court has power to order blood test whenever it is in the best interest...