Conclusive proof of marriage cannot be made basis to repel order of DNA testing for purpose of Section 125 CrPC

Vijay Kumar Vs Renu

Delhi HC

08/01/2019

Crl. MC No. 6637 of 2018

About/from the judgment:

The High Court upheld the order of the trial court directing DNA testing of the petitioner.

 

DNA testing was ordered to ascertain paternity of minor child whose right to claim maintenance was disputed by petitioner on the ground that he was not the natural father of the child in question.

 

Shalini Sharma, Advocate for the petitioner submitted that he disputed that he was married to Respondent 1 and there was no proof that the child in question was born from their wedlock.

 

The High Court relied on Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, (2014) 2 SCC 576 where Supreme Court reiterated that DNA is an accurate test. In the present case, the Court noted that occasion to pass the impugned order arose while considering an application under Section 125 CrPC which requires payment of maintenance even to an illegitimate minor child. It was held that in such situation, conclusive proof of marriage could not be made the basis to repel the impugned order. The impugned order did not suffer from any infirmity and thus, the petition was dismissed.

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