Search Results for "paternity denial"

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Search Results for "paternity denial"

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High Court

Bombay High Court Allows Maintenance to Wife and Child Under Section 125 CrPC Despite Husband's Denial of Paternity and Allegation of Prior Marriage. The court held that a wife's claim for maintenance cannot be defeated solely on the ground of a prior marriage, and the child is entitled to maintenance regardless of paternity denial.

16 Jul 2026

The petitioners, a wife and her minor child, filed a writ petition challenging the judgment and order dated 26.07.2022 passed by the Additional Sessio...

High Court

High Court of Karnataka Quashes Appointment of Court Commissioner in Partition Suit — Trial Court Failed to Record Satisfaction That Commissioner Was Necessary for Just Decision Under Order 26 Rule 10 CPC. The Court Remitted the Matter for Fresh Consideration, Holding That the Power Under Order 26 Rule 10 CPC Must Be Exercised Judiciously and Only When Necessary for a Just Decision.

9 Jul 2026

The petitioner, Sri Shivanna, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.02.2022 passed by the...

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

Supreme Court Allows DNA Test to Determine Paternity in Civil Suit for Declaration of Status. Court holds that DNA test is necessary to ascertain truth and does not violate right to privacy when ordered in a civil proceeding for declaration of paternity.

1 Jan 2026

The appellant, Chaturbhuj Pradhan (CP), was aggrieved by concurrent orders of the First Additional Civil Judge, Class-II, Basna and the High Court of ...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Finding of Joint Family Property and Rejects Claim of Prior Partition. The court held that the suit properties were ancestral joint family properties and that the alleged prior partition was not proved, thereby affirming the decree for partition and separate possession.

6 Jun 2025

The case involves a dispute over partition of properties claimed to be ancestral joint family properties. The appellants (plaintiffs) filed a suit for...

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

High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

20 Dec 2019

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

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

Bombay High Court Upholds Conviction for Cheating in Promise-to-Marry Case — Acquittal for Rape Stands. Accused convicted under Section 417 IPC for inducing sexual intercourse on false promise of marriage, but acquitted of rape as consent was not vitiated.

20 Jul 2011

The appellant, Lahanu Waman Kharde, was convicted by the Additional Sessions Judge, Sangamner, for the offence punishable under Section 417 of the Ind...

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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