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(2025) Law Today Live Doc. Id. 20729 = 2025:BHC-NAG:1975 = 2025(4) Civil Court Cases 62
Decided on: 25.02.2025
Indian Evidence Act, 1872 (1 of 1872), Section 112 – Hindu Marriage Act, 1955 (25 of 1955), Section 12(1)(i-d), 13(1)(i-a) – Specific Relief Act, 1963 (47 of 1963), Section 38 -- Divorce – Voidable marriage -- DNA test to assess paternity of child – Marriage on 17.02.2022 – On medical check-up on 30.07.2022 wife was found pregnant for 8 month s – Petitioner filed a petition for declaration that the petitioner is not at all the father of daughter born to the respondent on 30.07.2022 -- Petitioner has filed a petition u/s 13(1)(i-a) read with Section 12(1) (i-d) of the Hindu Marriage Act as well as he has raised the question of paternity of the child -- His case is based on premarital pregnancy of the respondent -- Even on perusal of dates, there is prima facie reason to suspect the paternity -- As such the issue can be resolved by directing to conduct a DNA test as prayed -- Petitioner, respondent and her child directed to undertake a DNA test at Government Medical College, Nagpur within one month
(Para 18)