Scientific evidence in the form of DNA Paternity test to prevail over presumption of law.

Amulya A. Pande; Vaishali B. Mahajan; Vijay J. Thakre; Kewalram R. Gorle

Volume : VI, Issue : VI, June - 2017

Scientific evidence in the form of DNA Paternity test to prevail over presumption of law.

Amulya A. Pande, Vaishali B. Mahajan, Vijay J. Thakre, Kewalram R. Gorle

Abstract :

The maxim Pater est quem nuptiae demonstrant (The father is he, whom the nuptials indicate) has gained a sturdy legislative recognition which resulted in the formulation of the rule of evidence envisaged in Section 112 of the Evidence Act. There was a clash between the conclusive proof of legitimacy of child and the paternity test on the basis of DNA analysis. By the conclusive proof of legitimacy of child as envisaged under section 112 of Indian Evidence Act, the petitioner husband was concluded to be the father of girl child who was later held to be the legitimate daughter of the petitioner. However, on DNA analysis of blood samples of husband, wife and girl child, the petitioner husband was excluded to be the biological father of the girl. Under these circumstances, Hon�ble Supreme Court of India relying upon the scientific proof i.e. DNA analysis allowed the appeal of the petitioner husband granting him relief from payment of maintenance to his wife and daughter and held that proof based on scientific advancement accepted by the world community to be correct to prevail over a conclusive proof envisaged under law.