Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maintenance to wife and daughter Presumption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973.·s. 125 - Maintenance to wife and daughter - Appellant- husband denying paternity of the child and challenging the order as regards maintenance to her - Two DNA test reports excluding him to be the biological father of the child - Held: Impugned judgment is set aside so far as it directs payment of maintenance to the child - However, the payments already made shall not be recovered from the respondents.Evidence Act, 1872:s. 112 - Birth during marriage, conclusive proof of legitimacy - Rebuttal by two DNA tests - Held: DNA test is scientifically accurate - When there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former - Husband's plea that he had no access to the wife when child was begotten, stands proved by DNA test report and in the face of it, he cannot be compelled to bear the fatherhood of the child, when scientific reports prove to the contrary.s. 112 - Birth during marriage - Presumption as regards legitimacy of child - Held: s. 112 does not create a legal fiction but provides for presumption - Where there is evidence to the contrary, presumption is rebuttable and must yield to proofMedical Jurisprudence:DNA test - Nature and evidentiary value of - Explained. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 9 |
Petitioner | Nandlal Wasudeo Badwaik |
Respondent | Lata Nandlal Badwaik & Anr. |
SCR | [2014] 1 S.C.R. 120 |
Judgement Date | 2014-01-06 |
Case Number | 24 |
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