DNA test Archives | SCC Times

Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.

Case Briefs Supreme Court

“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases

The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.

Case Briefs High Courts

Madhya Pradesh High Court | ‘Violation of individual privacy’; Request for DNA test denied in property dispute

Madhya Pradesh High Court: G.S. Ahluwalia, J. dismissed a petition which was filed against the order passed by Twelfth Civil

Case Briefs Supreme Court

Husband suspects paternity of child; Supreme Court allows DNA test while granting conditional compensation of 30 lakhs to wife if suspicion proves to be wrong

Supreme Court: In a case where the husband had disputed paternity of child on suspicion, though the Division Bench comprising of Indira

Case Briefs High Courts

Court under maintenance proceedings under S. 125 of CrPC, can usurp jurisdiction of Civil Courts? Del HC decides

Delhi High Court: Chandra Dhari Singh, J., decided a maintenance case wherein the marital status of the parties was the crux of

Case Briefs High Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case Briefs Supreme Court

Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?

“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”

Case Briefs High Courts

Raj HC | Husband seeking DNA test of child born to his wife must establish no access to his wife during the period of 9 months, beyond reasonable doubt

Rajasthan High Court: Sanjeev Prakash Sharma, J. dismissed a petition filed by a man who assailed the lower court’s order rejecting an

Case Briefs High Courts

Del HC | Mere assertions disputing paternity of child not sufficient to order DNA test, especially in light of S. 112 of Evidence Act

Delhi High Court: A Bench of G.S. Sistani and Jyoti Singh, JJ. dismissed an appeal filed against the order of the family court

Case Briefs Foreign Courts

Pak SC | A free lady cannot be compelled to give sample for DNA test as it would violate her liberty, dignity and privacy

Supreme Court of Pakistan: The Divison Bench of Mushir Alam and Qazi Faez Isa, JJ. allowed a petition seeking to set aside