Category-wise legal articles and resources.
Can a man be dragged into a paternity and maintenance case merely because a married woman alleges an extra-marital affair and claims he fathered her child? The Supreme Court has clarified how legitimacy, paternity and DNA testing operate when Section 112 applies. NEW DELHI: The Supreme Court has held that when a child is born…
Can a father’s name in a birth certificate be corrected years later when a child is born from an extramarital relationship? The Kerala High Court answered this sensitive question while also noting that men too have dignity and social identity. KOCHI: The Kerala High Court allowed correction of the father’s name in the birth certificate…
In a rare case, the Rajasthan High Court directed a 93-year-old woman to undergo DNA testing after she denied her own daughter in a property dispute. The Court held that while law presumes paternity, there is no similar presumption of maternity, and truth must be established through science. JAIPUR: The Rajasthan High Court at Jaipur,…
The Karnataka High Court rejected a husband’s plea for a DNA test, holding that brief and discontinuous cohabitation does not justify questioning paternity once marriage is admitted. KALABURAGI: In a recent judgment, the Karnataka High Court, Kalaburagi Bench, presided over by Justice Rajesh Rai K, dismissed a husband’s petition seeking a DNA test of a…
The Madhya Pradesh High Court upheld a Family Court order allowing a DNA test where the husband alleged adultery and proved non-access during conception. The Court clarified that when legitimacy is not questioned and the issue is only adultery, a DNA test can be legally ordered. JABALPUR: The Madhya Pradesh High Court has upheld a…
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