Case Note & Summary
The dispute arose in the context of a paternity claim where the appellant, claiming to be the daughter of the first respondent, sought a DNA test to establish her parentage. The appellant's application for the test was initially allowed, but the first respondent, Shettappa, challenged this decision in the Karnataka High Court, which subsequently set aside the order for the DNA test. The appellant produced a school record document to support her claim of being Shettappa's daughter. The respondents contended that the appellant had no right to claim any interest in property, citing a precedent that limited the rights of allegedly illegitimate children regarding partition of parental property. The Supreme Court, upon reviewing the arguments and the relevant legal precedents, particularly the case of Revanasiddappa & Anr. Vs. Mallikarjun & Ors., determined that the appeal should be allowed. The court set aside the High Court's order and directed the trial court to proceed with the DNA test as sought by the appellant, thereby affirming her right to establish her parentage through the test. The judgment was delivered on November 25, 2013.
Headnote
A) Family Law - Paternity Testing - Right to Establish Parentage - Code of Civil Procedure, 1908 - The appellant sought a DNA test to establish her paternity, which was opposed by the respondent. The court held that the appeal should be allowed, setting aside the High Court's order and directing the trial court to proceed with the DNA test as sought by the appellant (Paras 3-4).
Issue of Consideration
Whether the appellant has the right to seek a DNA test to establish paternity and claim interest in property.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the trial court to proceed with the DNA test as sought by the appellant.
Law Points
- Paternity test
- Right to property
- Illegitimate children
- Partition rights
