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Head Note

The Code of Criminal Procedure, 1973  - Section 125 , Section 482 , The Indian Evidence Act, 1872  - Section 112

Maintenance -Trial Court allowed said petition - Appellant filed revision before HC and the same was dismissed - Hence instant appeal - Appellant contended that after respondent no. 1 left matrimonial home, she did not return and thereafter, he had no access to her - Whether DNA test would be sufficient to hold that appellant was not biological father of respondent no. 2 as provided u/s. 112 of the Act - Held, result of DNA test was scientifically accurate - Although s. 112 of the Act raised presumption of conclusive proof on satisfaction of conditions enumerated therein but same was rebuttable - Interest of justice was best served by ascertaining truth and Court should be furnished with best available science and should not be left to bank upon presumptions, unless science had no answer to facts in issue - When there was a conflict between conclusive proof envisaged under law and proof based on scientific advancement accepted by world community to be correct, latter should prevail over former -Impugned judgment so far as it directed payment of maintenance to respondent no. 2 was set aside, however, payments already made should not be recovered from respondents - Appeal allowed.

Topic(s)-Maintenance