DNA - PLR / PLRSC e@journal

DNA - Test - Plaintiff is claiming her right in the property in dispute, being the daughter/LR of Rai Sahab s/o Shishpal, whereas the defendants have stoutly denied her claim and pleaded themselves to be his LRs. - Thus, the grand parents of plaintiff and defendant Nos.2 to 4 are common - The blood relationship between the indicated parties, inter-alia, J.) would be a moot point to be decided after receiving the evidence of the parties during the course of trial by the trial Court - In that eventuality, in order to prove their relationship, the scientific DNA Test is very much essential to arrive at the truth and to decide the real controversy between them to effectively adjudicate the present suit. (174) PLR
DNA - Conducting the DNA test should be allowed so that a child who claims himself to be natural son of a particular person is able to conclusively either prove or disprove the fact because by passage of time, scientific methods have evolved to such an extent that it is now possible to conclusively determine the actual parentage of a child. (177) PLR
DNA - DNA test which is a scientific one ought not to be resorted to in all cases - That it is a scientific test and the result is bound to be close to 100% admits of no doubt at all but when Courts make intervention, it ought to be convinced that there is a very strong prima facie case for an application before it orders DNA test. (180) PLR
DNA - Paternity can be proved or disapproved conclusively with DNA Test - When there is serious breach of trust and honesty with regard to birth of a child then the fundamental question of awareness arises - It does not matter that some one is going to lose, certainly the DNA test for establishing the paternity is a necessity - Evidence Act, 1872 (1 of 1872) Section 112. (174) PLR
DNA - Test - If the attempt is to bastardize, the Court will throw a ring of extraordinary circumspection and ensure that proof of non-access was clearly available before order was passed - Consequently, if there was a proof of access and if the person was seeking for a DNA test to be carried out, the Court will allow for such a test because it would come to help a person to clear a slur which he carries on his shoulder.(180) PLR
DNA - Will - Proof of paternity - Plaintiff has been able to make out a strong prima facie case in his favour to show that he is the natural born son of defendant no.1 for the purpose of conducting the DNA test - Admittedly A has died and S.K. who appeared in the witness box was also born from the wedlock of D with A - There is no dispute regarding the parentage of S - Since the blood samples of father matches with the DNA profile of his children to the extent of 50%, therefore, for the purpose of conclusively proving the fact that plaintiff was born out of the wedlock of D with A - Sample of S would be very important because from S, DNA profile can also be taken for the purpose of ascertaining the paternity of plaintiff. (177) PLR

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