Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on DNA Test

Wednesday, August 18, 2010
DNA Test

DNA Test — In a matter where paternity of a child is in issue before the court, the use of DNA is an extremely delicate and sensitive aspect. 

 
DNA Test

DNA Test — DNA in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made — The court has to consider diverse aspects including presumption under Section 112 of the Evidence Act; pros and cons of such order and the test of ‘eminent need’ whether it is not possible for the court to reach the truth without use of such test — Evidence Act, 1872, Section 112.

 
DNA Test

DNA Test — Any order for DNA can be given by the court only if a strong prima facie case is made out for such a course.

 
DNA Test

DNA Test — When there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA is eminently needed.

 
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