DNA Test -- Paternity of Child -- Exceptional Circumstances -- Direction for DNA test cannot be issued as matter of routine without strong prima facie material
(i) Indian Evidence Act, 1872, S.112 -- DNA Test -- Paternity of Child -- Exceptional Circumstances -- A direction for DNA testing cannot be issued as a matter of routine or merely at the asking of a party -- Such direction can be issued only in exceptional circumstances where strong prima facie material is available to establish non-access between the parties during the relevant period, or where the interests of justice so demand. (ii) Indian Evidence Act, 1872, S.112 -- DNA Test -- Paternity of Child -- Absence of Foundational Pleading -- Where the husband has neither specifically pleaded nor placed any material on record to establish non-access during the relevant period, the foundational requirement for seeking a DNA test is not satisfied -- In the absence of such pleading and material, the statutory presumption of legitimacy under S.112 remains intact -- A husband cannot directly seek DNA examination without first discharging the burden of rebutting the statutory presumption of legitimacy -- Permitting such a course would render the protection under S.112 nugatory.
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