Ramkanya Bai Vs. Bharatram
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Head Note
The Hindu Marriage Act, 1955 - Section 13 , The Indian Evidence Act, 1872 - Section 112
Marriage solemnized in the year 1999 - Divorce petition filed by husband in 2004 under Section 13 - Child born to wife in November, 2004 - Dismissed by trial Court - Appeal by husband before High Court - On request of husband, High Court ordered DNA test of child on the ground that there will be a possibility of re-union of the parties if such DNA test was made and if it was found from the outcome of the DNA test that the son was born out of the wedlock of the parties - Order of High Court set aside - This is no ground to order DNA test - Held - 1. No allegation by husband that son was born as consequence of illicit relations of wife with some other person. 2. When a child is born out of a wedlock, there is a presumption in favour of his legitimacy - It is presumed that parties had access to each other when divorce petition was filed.
Topic(s)-DNA Test
Important Decision(s)- DNA Test - No allegation by husband that son was born as consequence of illicit relations of wife with some other person.