case is whether a direction should be given for conducting the
DNA Test on one Khushi Kumari, a minor daughter of the
respondent to ascertain ... ground of
adultery. This, in my opinion, is not permissible.
36. The acceptance, in principle, of the usefulness of
DNA Test as proof of infidelity
Judge, Family Court, Purnea to
get conducted the Dioxy Nucleric Acid Test (DNA test) of the
applicant, his wife and the youngest ... infidelity) through a DNA test. We agree
with him. In our view, but for the DNA test,
it would be impossible for the respondent
husband
Court has further observed that even
the result of a genuine DNA test cannot escape from the
conclusiveness of the presumption under Section ... DNA test reveals that the
child was not born to the husband, the conclusiveness in law
would remain irrebuttable. What would be proved, is adultery
without DNA test, it
may direct DNA test and not otherwise. In other
words, only in exceptional and deserving cases,
where such a test becomes ... controversy the Court can direct
such test.
v. While directing DNA tests as a means to
prove adultery, the Court is to be mindful
controversy in issue cannot be resolved
without DNA test, it may direct DNA test and
not otherwise. In other words, only in
exceptional and deserving ... test becomes indispensable to resolve the
controversy the Court can direct such test.
v. While directing DNA tests as a means to
prove adultery
appear before the Director, Forensic Science Laboratory for
D.N.A. test of wife, husband and child born out of their wedlock. The
wife however ... their D.N.A. test. The scientific
evidence by way of DNA test would certainly clinch the issue of
adultery.
9. The contention
legitimate son. After the birth of petitioner No. 2, DNA
test was conducted which confirmed that he is not his son. It is
also claimed ... suggestion that Suman Gupta is living at her maike.
20. One DNA Test Report and Hospital Discharge slip
have also been exhibited by the Court
show that respondent No. 1 and respondent No. 2 are
living in adultery. The appellant has also not filed petition
under Section ... adultery and a child was
born, which he claims as illegitimate but neither he has
made any effort to make a DNA test
show that respondent No. 1 and respondent No. 2 are
living in adultery. The appellant has also not filed petition
under Section ... adultery and a child/daughter
was born, which he claims is illegal but neither he has
made any effort to make a DNA test
made an application before the Family Court for
conducting a DNA test which would establish whether
or not, he had fathered the male child born ... infidelity) through a
DNA test. We agree with him. In our view, but for the
DNA test, it would be impossible for the respondent-
husband
