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Search Results for "paternity test"

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Supreme Court

Supreme Court Allows Mother's Appeal in Maintenance Case: DNA Test Cannot Rebut Presumption of Legitimacy Under Section 112 of Indian Evidence Act, 1872. The Court held that a child born during a valid marriage is entitled to maintenance from the legal father despite a negative DNA test, as the presumption of legitimacy is conclusive and can only be rebutted by proof of non-access.

21 Apr 2026

The appellant, was employed as domestic help in the residence of the respondent, for three years, during which the respondent established a sexual rel...

Supreme Court

Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

28 Jan 2025

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

High Court

High Court of Karnataka Quashes DNA Profiling Order in POCSO Case Due to Lack of Consent and Non-Compliance with Statutory Procedure. Court holds that DNA profiling of an accused without his consent and without following the procedure under Section 53A Cr.P.C. and the DNA Profiling Act, 2019 is illegal and violative of Article 20(3) of the Constitution.

10 Dec 2021

The petitioner, Malappa @ Malingaraya, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. see...

High Court

Bombay High Court Allows Husband's Appeal for Divorce on Ground of Adultery Based on DNA Test Excluding Paternity. DNA test report conclusively proved that the husband was not the biological father of the child born to the wife, establishing adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955.

25 Aug 2011

The appellant-husband Gajanan Deshpande filed a divorce petition under the Hindu Marriage Act, 1955, alleging that his wife Smita Deshpande committed ...

High Court

Bombay High Court Allows Revision, Restores Maintenance to Wife and Child Under Section 125 CrPC — Husband's Refusal to Maintain Despite Sufficient Means and Neglect of Wife Constitutes Justifiable Ground for Maintenance. The court held that the wife proved neglect and refusal to maintain, and the husband's conduct of forcing her to live in a cattle-shed and sending her away after sex determination amounted to cruelty, justifying separate residence and maintenance.

9 Dec 2015

The case involves a Criminal Revision Application filed by the wife (Applicant No.1) and her minor son (Applicant No.2) challenging the judgment of th...

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

High Court

High Court of Karnataka Acquits Accused in Cheating Case Due to Lack of Evidence of Deception. Conviction under Section 417 IPC set aside as prosecution failed to prove that accused made false promise with intent to deceive complainant.

17 Feb 2020

The appellant, Shankar, was convicted by the I Additional Sessions Judge, Dakshina Kannada, Mangalore, in S.C. No. 78/2005 for the offence punishable ...

High Court

Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

30 Nov -0001

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

High Court

Bombay High Court Dismisses Appeal in POCSO Case — DNA Evidence Conclusive Despite Hostile Victim. Conviction Under Section 376(2)(i)(n) IPC and POCSO Act Upheld as DNA Report Proved Appellant as Biological Father of Aborted Fetus of Mentally Retarded Minor.

29 Jan 2019

The appellant, Shaktiman Sondawale, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(n) IPC and Sections 5...

High Court

Bombay High Court Acquits Accused in Rape Case Based on Consent and Promise of Marriage — Failure to Prove Ingredients of Rape Under Section 375 IPC. Evidence of Victim Contradictory and Medical Evidence Inconsistent with Prosecution Story.

4 Jun 2018

The applicant, Pravin @ Shrikrishna Chandrakant Marathe, was convicted by the Assistant Sessions Judge, Sindhudurg, for offences under Sections 376, 4...

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