PATERNITY OF CHILD: DNA Test It has been recognized by the Supreme Court that the result of a genuine DNA test is scientifically accurate. Although section 112 of the Evidence Act was enacted at a time when the modern scientific advancement and DNA test were not even in contemplation of the legislature. It is evident that a child born during continuance of a valid marriage shall be a conclusive proof that the child is a legitimate child of the man to whom the lady giving birth is married. The provision makes the legitimacy of the child to be a conclusive proof, if the conditions laid therein are satisfied. It can be denied only if it is shown that the parties to the marriage have no access to each other at any time when the child could have been begotten. Here, in the present case, the wife had pleaded that the husband had access to her and, in fact, the child was born in the said wedlock, but the husband had specifically pleaded that after his wife left the matrimonial home, she did not return and thereafter, he had no access to her when the child was begotten. The husbands plea was proved by the DNA test report showing that he was not the biological father of the girl child. None of the courts below had given any finding with regard to the plea of the husband that he had not any access to his wife. The Supreme Court held that they could not compel the husband to bear the fatherhood of a child, when the scientific reports proved to the contrary. Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik , 2014 (1) SCALE 99 (SC): Crl. A. No. 24 of 2014; Decided on 6-1-2014 [Chandramauli Kr. Prasad and Jagdish Singh Khehar, JJ.]
Posted on: Tue, 18 Mar 2014 07:08:14 +0000
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