Bigamy -- Direction for DNA Test of Minor Child -- Paternity has no bearing on ingredients of offence, order set aside
Indian Penal Code, 1860, S.495 -- Bigamy -- Direction for DNA Test of Minor Child -- A DNA test can be directed only where there is eminent need and the result is directly in issue, and as a last resort after exhausting other remedies. Proof of bigamy requires establishing concealment of a subsisting marriage, and paternity of a child born from the subsequent marriage has no bearing on this ingredient. A direction for DNA testing in such a case is a misdirection of law.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
