getting his paternity disproved by blood group test.
The English law permitting blood test for determining the
paternity of legitimacy could not be applied ... courts with statutory authority to order
blood testing in disputed paternity cases.
Paternity testing has developed somewhat more
slowly in the Unitted States than
with the respondent, to deoxyribonucleic acid
test (“DNA test” for short), with a view to ascertain his paternity. The said
application was filed ... enacted at a time when modern scientific tests
such as DNA tests, as well as Ribonucleic acid tests (‘RNA’, for short), were
not in contemplation
test to prove his paternity.
3.3 The Munsiff Court directed the Appellant, on 03.11.2007, to undergo the
paternity test. This direction was substantiated ... Eminent need for a DNA test
46. When dealing with the eminent need for a DNA test to prove paternity,
this Court balances the interests
forfeited and made over to
the wife in the event the paternity test on the basis of the DNA results
shows the husband ... just decision in the matter, DNA test is
eminently needed. DNA test in a matter relating to paternity of a child
should not be directed
Kamalanantha And Ors vs State Of Tamil Nadu on 5 April, 2005
Equivalent citations: AIR
daughter of Shettappa and she had applied for the paternity
test to be conducted which was opposed by the first respondent
Shettappa. That application having
just decision in the
matter, DNA test is eminently needed. DNA test in a
matter relating to paternity of a child should not be
directed ... strength of other evidence, without delving into the question of biological
paternity. The test of proportionality is also manifestly not met; the invasion
of privacy
agreed to allow
the petitioner’s prayer for conducting DNA test for
ascertaining the paternity of the child.
We have since been informed by counsel ... just decision in the matter, DNA test is eminently
needed. DNA test in a matter relating to paternity of a child
should not be directed
respondent prayed for a
direction to conduct a DNA test to establish paternity of the child
1
‘Trial Court’
2
‘First Appellate Court ... time when modern
scientific tests such as DNA tests, as well as
ribonucleic acid tests (“RNA tests” for short), were
not in contemplation
eminent need for a DNA test.
…
46. When dealing with the eminent need for a
DNA test to prove paternity, this Court balances ... order a DNA test,
the only test to be satisfied is whether the result of the DNA test
is directly in issue and whether
