DNA Test -- Paternity of Child -- Born in Valid Marriage -- Not to be ordered on mere denial of paternity
(i) Indian Evidence Act, 1872, S.112 -- DNA Test -- Paternity of Child Born in Valid Marriage -- Birth during marriage is conclusive proof of legitimacy unless non-access of spouses at the time of conception is shown -- Test cannot be ordered on bare allegation by husband -- Specific pleading and prima facie material of non-access are needed -- Test is ordered only in deserving cases where it is necessary to decide the dispute. (ii) Protection of Women from Domestic Violence Act, 2005, S.12 -- DNA Test -- Proceedings for Maintenance and Return of Gold -- Proceedings decide domestic violence and statutory reliefs, not biological parentage -- Agreement in mediation to undergo DNA test does not bind the court -- Parties cannot by consent compel an order against law or public policy.
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