Case Note & Summary
The petitioner-husband, Sunil Eknath Trambake, and the respondent-wife, Leelavati Sunil Trambake, were married on 4th April 1986 and had a female child. Due to differences, the husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, being H.M.P. No.195/95. The wife alleged that the husband solemnized a second marriage on 25th March 1996 with one Smt. Meena Chandrakant Nirphale and fathered a son named Rupesh, born on 3rd December 1997. The husband denied the paternity of Rupesh. After evidence was laid and arguments heard, the wife filed an application (Exhibit-173) seeking a DNA test of the husband and the child to determine paternity. The trial court allowed the application by order dated 29th November 2002, directing the husband to make himself available for the DNA test and to secure the presence of Rupesh before the Civil Surgeon, Civil Hospital, Nasik on 12th December 2002. The husband challenged this order by way of a writ petition. The High Court, while admitting the petition, granted a stay on the execution of the impugned order. The High Court heard the matter and upheld the trial court's order, holding that a DNA test is a scientific method to determine paternity and is in the interest of justice to ascertain the truth. The petition was dismissed.
Headnote
A) Family Law - Paternity - DNA Test - Section 13 Hindu Marriage Act, 1955 - In a divorce petition, the wife sought a DNA test to prove that the child Rupesh was born from the husband's second marriage - The trial court allowed the application - The High Court upheld the order, holding that DNA test is a scientific method to determine paternity and is in the interest of justice to ascertain the truth (Paras 2-3).
Issue of Consideration
Whether the trial court was justified in ordering a DNA test of the petitioner-husband and the child Rupesh to determine paternity in a divorce proceeding under the Hindu Marriage Act.
Final Decision
The High Court dismissed the writ petition and upheld the trial court's order directing the petitioner-husband to undergo DNA test along with the child Rupesh.
Law Points
- DNA test
- paternity
- Hindu Marriage Act
- divorce
- evidence
- best evidence rule
- matrimonial dispute
