Dhirubhai Talshibhai Mer vs Dhiubhai Ukabhai Memariya @ Dhirubhai ... on 12 April, 2022
Learned Advocate Mr. Patel has also placed reliance upon the judgment
in the case of Rameshbhai Pochabhai Marand (supra) and submitted that it is
held that DNA test cannot be granted as a matter of course. However, there is
a specific allegation of husband that there was no access to each other at any
point of time and yet children have born to wife - under the circumstances,
DNA test can be a proper course to be carried out - there is a presumption u/s
112 of Evidence Act regarding paternity of children born during 280 days of
cohabitation - however, such presumption may not be available when it is
shown that parties had no access to each other at the time when child could
have begotten - in such a case, presumption could be rebutted - however, at the
same time, rights of wife are also required to be protected by passing certain
orders to the effect that husband should deposit certain amount in Trial Court -