Search Results for "Presumption of Legitimacy"

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Search Results for "Presumption of Legitimacy"

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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...

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...

High Court

Bombay High Court Dismisses Petition Challenging Maintenance Order Under Section 125 CrPC — Upholds Maintenance Awarded to Minor Child Despite Husband's Denial of Paternity. The court held that a child born during wedlock is entitled to maintenance unless the husband proves non-access, and the petitioner failed to discharge that burden.

23 Jul 2014

The petitioner, Rajaram Sarjerao Aher, filed a Criminal Writ Petition under Article 227 of the Constitution challenging the judgment and order dated 3...

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...

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...

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

High Court of Karnataka Dismisses Petition for DNA Test in Paternity Dispute — Husband Denies Paternity of Child Born During Separation. Presumption of Legitimacy Under Section 112 of Indian Evidence Act Applies Unless Non-Access is Proved.

8 Jan 2016

The petitioner, husband, filed a writ petition challenging the order of the Family Court, Belgaum, dated 21.11.2015, which rejected his application (I...

High Court

Bombay High Court Dismisses Husband's Application for DNA Test in Domestic Violence Proceedings — Paternity Denial Not Permissible Without Strong Prima Facie Evidence. The court held that a DNA test cannot be ordered as a matter of course to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, and the husband's bare allegations of adultery were insufficient.

18 Feb 2021

The case arises from a criminal application filed by Sahebrao Deorao Chavan (applicant No. 1) challenging an order dated 03/01/2019 passed by the Judi...

High Court

Bombay High Court Hears Writ Petition Challenging Family Court Order Directing DNA Profiling Test in Child Legitimacy Dispute. Section 112 Indian Evidence Act Presumption of Legitimacy and Exceptional Circumstances for DNA Test Considered.

1 Jul 2025

The writ petition arose from a matrimonial dispute before the Family Court, Nagpur, in which the respondent-husband sought a DNA Profiling Test to det...

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