CiteTEXT
...important to note that DNA paternity tests are not currently 100% accurate. There are all chances of human error. It is always better to have second opinion in such kind of cases. The petitioner...arrangements for DNA tests of the petitioner and victims through BioAxis Research Centre (P) Ltd. suitable at 13-51, Sri Lakshmi Nagar Colony, Besides Big Bazar, Near Kamineni Hospitals GSI Post BandalGuda (LB...Nagar) Hyderabad-500068, Andhra Pradesh (India);(b) Your Lordships be pleased to direct the Investigating Officer to make suitable arrangements for DNA tests of the petitioner and...
.../2018 DATED 20.5.2022 PASSED
ON APPLICATION FILED UNDER CHAPTER 10 (PATERNITY TESTS
BLOOD TEST AND DNA) R/W SECTION 151 OF CODE OF CIVIL PROCEDURE PRODUCED AT...order dated 20.05.2022 passed in Crl. Misc. No.116/2018 by the Court of the Judge, Family Court, Davanagere in an application filed under Chapter X (Paternity Tests, Blood Tests and DNA) r/w. Section...the husband had filed his objections on 25.10.2018 and the application for DNA test was filed on 02.01.2020. The Court had dismissed the application on the ground that, earlier the maintenance was...
....59. This Court has, while considering questions connected with Section 112 of the Evidence Act, consistently expressed the stand against DNA tests being ordered on a mere asking. Further, the law...paternity of a child, is an extremely delicate and sensitive aspect. Therefore, such tests must be directed to be conducted only when the same are eminently needed. That DNA profiling in a matter...thereafter seek a direction to conduct a DNA test of Master Arjun.62. The evidentiary value of blood tests for determining paternity, has been discussed in Rayden and...
..., (1996) 4 All ER 28 (CA) and T. (A Child)(DNA Tests: Paternity), In re (2001) 3 FCR 577. The Judge sought to distinguish those two authorities in his concluding paragraph...civil procedure was codified in the year 1908, the tests such as of DNA were not even comprehensible much less available. However now that such tests, which are an aid in adjudication are available, the...strictly relevant, but we are unable to restrain ourselves from recording what the Court of Appeal (Civil Division) observed in H. and A. (Children) (Paternity: Blood Tests), In re 2002 EWCA (Civ) 383...
...by leading strong preponderance of evidence and not by mere filing a petition for determining the paternity by medical tests i.e. DNA, the impugned order is liable to be set aside and it is accordingly set aside.
..., allowing the petition filed by the respondent herein for sending the petitioners herein who are respondents in the said petition, to necessary tests to the Centre for DNA Finger Printing and Diagnostics...present petition MP No. 1568 of 2002 under Section 45 of the Indian Evidence Act, for sending the petitioners to necessary tests to the Centre for DNA, Finger Printing Diagnostics...
...WLR 506 and T. (A Child) (DNA Tests : Paternity), In re- (2001) 3 FCR 577. The Jude sought to distinguish those two authorities in his concluding paragraph, which I have...along-with their mother for DNA test to confirm the paternity was dismissed. 2. The facts, which are involved in this case, are that, initially, an application under...06.09.2011. During such proceeding, an application was filed by minor sons who were represented by amicus curie for test of DNA of non-applicant father as the father had denied the paternity. The family Court...
...applications for conducting DNA tests to ascertain the paternity should not be ordered casually and that wherever the parent denies paternity, he must establish a strong prima facie case of 'non...for subjecting the plaintiff to DNA test. Until the said exercise is concluded, defendant No.2 cannot seek for a scientific examination to ascertain paternity of the plaintiff. In that view of the...filed an application under Order XXVI Rule 10(B) of CPC to conduct DNA test to ascertain whether the defendant No.2 had fathered the plaintiff. The Trial Court, in
3...
...direct the defendant to undergo DNA testing.Position in India regarding DNA tests18. Scientific evidence such as the results of Deoxyribonucleic Acid (DNA) tests are under Ind...marker or DNA test or tests indicate at least a ninety-five percent probability of paternity, the admission of such record or report shall create a rebuttable presumption of paternity, and shall...against the interests of the child to know of its ‘paternity’, the Court is justified in ascertaining the ‘paternity’ of the child through reliable scientific tests such as DNA tests. This is of course...
...), [1996] WLR 506 and Re T (A Child) (DNA Tests: Paternity) [2001] 3 FCR 577. The judge sought to distinguish those two authorities in his concluding paragraph, which I have...December, 2010 of the learned Single Judge directing DNA test, observes/finds/holds:—a. a distinction has to be drawn between ‘legitimacy’ and ‘paternity’ of the child;b...Goutam Kundu v. State of West Bengal (1993) 3 SCC 418 had advised against conduct of scientific tests of the nature of giving blood samples for the purpose of DNA testi...
...), [1996] WLR 506 and Re T (A Child) (DNA Tests: Paternity), [2001] 3 FCR 577. The judge sought to distinguish those two authorities in his concluding paragraph, which I...child was the man married to the mother.18. In the present day, things have changed since paternity can be proved or disproved authoritatively with the help of DNA tests. A man can be completely confident wh.... Dutta, learned counsel for the petitioner, justifying the requirement of DNA test of the child born to respondent No. 1, submitted that in order to ascertain the paternity of the petitioner, scientific...
...sufficient to prove paternity for the purpose of maintenance. Further, the Respondent argued that Courts have ordered DNA tests because it is within the best interests of the child to know their biological...appellants. Despite the Californian Evidence Code permitting the results of DNA tests to be admitted into evidence to determine paternity, the US Supreme Court noted that the law retained a strong bias...and his mother also moved an application seeking a direction to the Appellant to undergo a DNA test to prove his paternity.
3.3 The Munsiff Court directed the Appellant...
...of adultery must be proved by other evidences and not by resorting to a DNA test of the child. After a detailed discussion, the Court came to a conclusion that routinely ordering DNA tests, particularly in cases where the i...20.02.2023. The Hon'ble Mrs.Justice B.V.Nagarathna held that a strong presumption regarding the paternity of a child, cannot be casually interfered with, by ordering a DNA test. The court held, allegations...independent evidence. The route to prove the adultery of the wife need not be through the DNA test of the children. This is especially so when the law directs the court to presume the paternity when...
...:
Parental Rights), [1996] WLR 506 and Re T (A Child) (DNA Tests: Paternity)[2001] 3 FCR 577. The judge sought to distinguish those two...the order passed by the learned Trial Court, the present petition has been filed asserting that DNA tests cannot be allowed in routine. The judgment of the Hon'ble Supreme Court in...of legitimacy will not arise in the present case as the parties are not married to each other. The DNA test is the best test to determine the paternity of a child. He relied upon the judgment of this...
.... Evidence Act, 1872 - S. 112 - Legitimacy of child - Paternity of child questioned by husband - Orders of court for DNA tests in absence Of any finding regarding husband's...access to wife during relevant period - Issue of access not raised by wife until test results found to be adverse nor orders directing DN A tests, opposed by her - Orders directing DNA tests thus attaining finality, held, n...again excluded husband from being biological father of child - Respondent wife did not oppose, directions for DNA tests but only after receipt of adverse reports did she raise objection that husband...
...?”
Those principles have been consistently applied in subsequent cases, including H.(A Minor) (Blood Tests: Parental Rights), In re and T.(A Child)(DNA Tests: Paternity), In...petitioner therein and as well as the sole respondent therein for DNA test to determine the paternity of the respondent therein with respect to the 2 petitioner who is a child born to them allegedly, as the...to personal liberty under Article 21 of the Constitution of India and the trial court has no power to compel him to undergo for DNA test or any other medical examination to determine the paternity...
..., the Court did not hold that a Court or Tribunal dealing with the matrimonial dispute does not possess jurisdiction to order DNA tests. It held that the Court would not be justified in ordering DNA in a case where the ...circumstances that the wife filed the application for a DNA test. Having come to the conclusion that the Court has jurisdiction, and the facts that the DNA tests to be performed, I pointed to Mr. G.R. Hari that this plea is...2024, seeking the Court to order DNA tests for the child (X) and the respondent. She sought the test to be conducted by the Scientific Officer, Regional Forensic Department, Chennai in order to...
...held that the Court would not be justified in mechanically directing a DNA Test of a child in a case where paternity of the child is directly not in issue but is merely collateral to the proceedings.... While ordering DNA Tests to prove adultery, the Court should be mindful of the consequences thereof on the children born out of adultery, including inheritance related consequences, social stigma, etc...adverse inference from non compliance cannot be a substitute for enforceability of a direction for DNA Testing and the valuable right to prove paternity through DNA testing cannot be taken away by...
...pregnant. It is also pertinent to note that at the time of investigation, DNA tests were taken and the allegation made by the complainant against the first accused with regard to paternity was...fours qua the case against Selvaraj (A3) and Mayavan (A4). He also further submitted that in the DNA test, it can be established that the child born to the de-facto complainant was not fathered by...
...conducting necessary medical tests including DNA test for the purpose of deciding paternity of a child or for any other similar purpose is concerned even necessary force can be used for deriving...Rules 1 and 2 CPC, for the purpose of dredging the actual paternity of the second petitioner, necessary orders are to be passed by the Court for subjecting her to necessary DNA test. He further...decree in a manner which would give effect to it. It cannot also be lost sight of that at the time the civil procedure was codified in the year 1908, the tests such as DNA were not even comprehensible...
...judicious and cautious manner.
Further, questions surrounding paternity have a significant impact on the identity of a child. Routinely ordering DNA tests, particularly in cases where th...prayed before the learned Magistrate that for the purpose of a concrete proof of the paternity of the applicant, the DNA test be directed. In this application, he has reiterated the facts stated in his...-applicant. The learned advocate submitted that the DNA test is the scientifically approved accurate method to decide the paternity. The learned advocate submitted that, therefore, the non-applicant for...