Search Results for "paternity challenge"

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Search Results for "paternity challenge"

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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 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 Upholds DNA Test Order in Divorce Case to Determine Paternity of Child Born from Second Marriage. The court held that DNA test is a scientific method to determine paternity and is in the interest of justice to ascertain the truth under Section 13 of the Hindu Marriage Act, 1955.

1 Dec 2005

The petitioner-husband, Sunil Eknath Trambake, and the respondent-wife, Leelavati Sunil Trambake, were married on 4th April 1986 and had a female chil...

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 Upholds Maintenance Order for Minor Son Despite Paternity Challenge — Father Cannot Take Advantage of Own Wrong in Mentioning Wrong Name in Hospital Records. The court dismissed the revision against the Family Court's order under Section 125 CrPC, holding that the father's own act of giving a wrong name in hospital records cannot be used to deny maintenance.

17 Feb 2011

The case involves a criminal revision application filed by Murali s/o Bansi Luderkar against the judgment and order dated 12.11.2007 passed by the Fam...

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...

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 Allows Appeal Against Family Court Order Returning Plaint in Suit for Declaration of Non-Marriage and Non-Paternity. Family Court Has Jurisdiction Under Section 7 of the Family Courts Act, 1984 to Entertain Suits Relating to Validity of Marriage and Parentage.

27 Jan 2025

The appellant, Arjun S/o Ranappa Hatgundi, filed a suit before the Family Court, Kalaburagi, seeking a declaration that respondent No.1, Sushilabai @ ...

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...

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 ...

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