A DNA take a look at to confirm the kid’s paternity can solely be carried out if the girl is in an unlawful relationship
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A DNA test to verify the child’s paternity can only be done if the woman has an illegal relationship written by an Avdhesh Parashar student at Maharashtra National Law University Aurangabad
VfL Bochum versus 1. FC Union Berlin BHARAT RAM
FACTS OF THE CASE:
The present appeal / SLP was preferred by the wife / appellant against the judgment under appeal and the order of the Madhya Pradesh High Court, Indore Bank, on June 26, 2008. The complainant and the respondent married in April 1999. After some time, the wife was harassed by the husband / respondent and released from her marital home. In 2004, the husband filed an application under Section 13 of the Hindu Marriage Act to the Court of Additional District and Trial Judge, Mandsor District, Madhya Pradesh. The district court rejected the husband / respondent’s application. A child was born to a wife in November 2004 and the husband appealed to the Madhya Pradesh Supreme Court, Indore Bench under Section 28 of the Hindu Marriage Act, requesting a DNA test for the paternity of a child on the grounds that that this was the case The child could not be born out of wedlock between the complainant and the respondent. Madhya Pradesh Supreme Court, Indore Bench, issued an order in favor of the husband on June 26, 2008, instructing a DNA test for the child’s paternity and making the following observation, which will be reunited. “
Whether the order to conduct a DNA test on the sole assumption of a reunion of the parties is valid or not?
Section 13 of the Hindu Marriage Act of 1955
Section 28 of the Hindu Marriage Act of 1955
The Hon’ble Supreme Court scholarly bank found that there was no justification for having a child’s DNA test done on the grounds that there was a possibility of parties reuniting if the child’s legality was to be established and when it is established that the child was a result of the marriage between the parties. The court also found that the husband / respondent did not associate a wife / applicant with the third person, which allows a DNA test to be carried out for the paternity of a child. The Tribunal noted, “It is established that the presumption of legitimacy is a presumption of law.” If a child is born out of wedlock, his or her legitimacy is presumed unless and until the woman is accused of having an illegal relationship with one to have confessed to a third person.
As a result, the Hon’ble Supreme Court reversed the contested order of the Madhya Pradesh High Court dated June 26, 2008, and the request to have the DNA test performed on the wife / applicant’s child is hereby denied.