role of DNA testin relation to HINDU MARRIAGE ACT 1955

medical practitioner &legal studies

dear sr members,

                              in view of recent advancement of DNA test  a father of a biological son can not deny his paternity and LIBERTYof social standing ,his PROPERTY, and human touch towards eternal bondage----- derieved from "the grace was with every of her steps, the heaven in her eyes-----socretes in PARADISE LOST".academic discussion please

 
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confidential

Dear sir,


 


Its quite a great advantage for the indian women who r being cheated by men. Even otherwise, In cases for maintenance u/s 125, SC has claerly barred ordering DNA test. coz it would stigmatized the child. Even Madras HC has held that the courts should lean towards the presumption of legality instead of b*st*rdity. But they can get only money but not a life worth, unless the attitude of the people change and the women become less vulnerable.


Further the sec gives right to the children whose parents' marriage is otherwise valid but for sec 494 IPC. But living to gether or concupine,s children do not get the rights. That why Justice Praba Sridevan of Madras HC has held about the presumption. For no fault of theirs, the children would have to suffer. Am I correct

 
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Lawyer

Section 112 of the Evidence Act [1872] states : Birth during marriage conclusive proof of legitimacy. ; The fact that any person was born duing the continuance of a valid marriage between his mother and any man or within 280 days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.


Do we now require a proviso [ provided DNA report.......]

 
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Advocate

Paternity is contructed by legal articles like Sec.112 of EA. But meternity is fact. DNA test has done justice to several cases in case where there are disputes regarding peternity. DNA has become a wayout in several cases.

 
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Advocate

Interesting as well as very informative. Thanks to prof for raising such query.

 
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Advocate

got a good information from prf.

 
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Still we need some more discussion with references.

 
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