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Search Results for "paternity without DNA"

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High Court

High Court of Karnataka Upholds DNA Test Order in Partition Suit to Determine Paternity — Trial Court's Direction for Blood Sample Collection Under Section 45 r/w 56 of Indian Evidence Act, 1872 and Section 151 CPC Upheld. The court held that DNA testing is a reliable scientific method to establish paternity and is necessary for just adjudication of the suit.

3 Dec 2015

The petitioner, Rajanaika, was the first defendant in a partition suit (O.S.No.170/2010) filed by his son, Umesh (plaintiff/respondent no.1), seeking ...

High Court

Bombay High Court Dismisses Petition Challenging Paternity Test Order in Maintenance Case Under Section 125 CrPC. Court Holds That DNA Test Is Necessary to Determine Father-Child Relationship When Paternity Is Disputed and No Other Evidence Exists.

17 Dec 2012

The petitioner, Vinod Arlekar, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders passe...

High Court

High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

3 Sep 2014

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.11/201...

High Court

Bombay High Court Dismisses Revision Against Refusal of DNA Test in Domestic Violence Proceedings — Paternity Dispute Cannot Be Decided Collaterally in DV Act Proceedings. The court upheld the concurrent findings of the Magistrate and Sessions Court rejecting the application for DNA test of the son, as the issue of paternity was not relevant for relief under the Protection of Women from Domestic Violence Act, 2005.

10 Jul 2018

The revision application was filed by Mr. Pramod Purushottam Sathe (applicant) challenging the order dated 16th February, 2016 passed by the Metropoli...

High Court

Bombay High Court Acquits Stepfather in POCSO Case Due to DNA Evidence Excluding Paternity — Scientific Evidence Overrides Circumstantial and Testimonial Weaknesses in Rape Conviction Under Sections 376(2)(f),(i),(j) IPC and Section 6 POCSO Act.

20 Dec 2018

The appellant, Govind alias Hemrab s/o Mahadeo Deolkar/Deulkar, was convicted by the learned Designated Judge, POCSO Act and Additional Sessions Judge...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Bombay High Court Allows DNA Test in Maintenance Case to Determine Paternity — Revisional Court Erred in Quashing Magistrate's Order Without Considering Prima Facie Evidence of Marriage and Cohabitation.

10 Mar 2023

The petitioner, Madanaiah Durgam Chinna Kande, challenged the order of the Additional Sessions Judge, Chandrapur, dated 16th November 2021, which quas...

High Court

High Court of Karnataka Allows Daughter's Revision Petition for Maintenance Against Father Under Section 125 Cr.P.C. — Father's Denial of Paternity Not Sufficient to Disown Liability Without DNA Test.

30 Mar 2017

The petitioner, Bhagamma @ Bhagyashree, filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 06.0...

High Court

High Court of Karnataka Considers Challenge to Order Allowing DNA Test Under Order XXVI Rule 10A CPC in Partition Suit. Petition Raises Questions of Right to Privacy Under Article 21 and Applicability of Section 112 of the Indian Evidence Act, 1872.

1 Sep 2025

The writ petition under Article 227 of the Constitution of India was filed by the third defendant in a partition suit, O.S. No. 89 of 2016, challengin...

High Court

Bombay High Court Allows Maintenance Petition Under Section 125 CrPC Despite Denial of Marriage and Paternity. DNA Test Ordered to Determine Paternity of Child Born During Subsistence of Marriage.

1 Apr 2011

The petitioners, Sangita Gosavi (wife) and her minor son Ajinkya, filed a petition under Article 227 of the Constitution read with Section 482 CrPC ch...

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