Case Note & Summary
The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/2010, which allowed an application under Order 26 Rule 10-A CPC read with Section 112 of the Evidence Act for DNA testing. The background is that respondents 1 to 3 (Yallakka, Manjula, and Laxmi) had filed a civil suit for partition and separate possession against the petitioner and others, claiming that the petitioner was the husband of respondent no.1 and father of respondents 2 and 3. The suit was dismissed by the trial court for lack of evidence regarding the relationship. The respondents appealed, and during the appeal, they filed an application seeking appointment of a Commissioner to collect DNA samples of the petitioner and respondents 2 and 3 to determine paternity. The appellate court allowed the application, aggrieved by which the petitioner filed the present writ petition. The High Court, after hearing arguments, upheld the appellate court's order, holding that DNA testing is a permissible scientific method to establish paternity and that the appellate court has the power to order such testing under Order 26 Rule 10-A CPC. The court noted that the application was filed to adduce additional evidence to prove the relationship, which is crucial for the partition suit. The writ petition was dismissed.
Headnote
A) Civil Procedure - DNA Testing - Order 26 Rule 10-A CPC - Section 112 Evidence Act - The court considered whether DNA testing could be ordered at the appellate stage to determine paternity in a partition suit. The trial court had dismissed the suit for lack of evidence on relationship. The appellate court allowed the application for DNA testing. The High Court upheld the order, holding that DNA testing is a permissible mode of evidence to establish paternity and that the appellate court has power to order such testing under Order 26 Rule 10-A CPC. (Paras 1-5)
Issue of Consideration
Whether an application for DNA testing to determine paternity can be allowed at the appellate stage in a partition suit under Order 26 Rule 10-A CPC read with Section 112 of the Evidence Act.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Senior Civil Judge allowing the application for DNA testing.
Law Points
- Order 26 Rule 10-A CPC
- Section 112 Evidence Act
- DNA testing
- paternity determination
- partition suit
- appellate stage evidence
