Maintenance -- Disputed Paternity -- Refusal of DNA Test Draws Adverse Inference Under Section 125 CrPC
Criminal Procedure Code, 1973, S.125 -- Maintenance -- Disputed Paternity -- Refusal of DNA Test -- Proceedings under S.125 CrPC are welfare-oriented and do not require strict proof of marriage as in a criminal trial for bigamy under S.494 IPC -- Refusal by a man to undergo a DNA fingerprinting test, when paternity is disputed, permits the court to draw an adverse inference against him on the question of paternity -- A subsisting marriage with another woman claimed by the respondent cannot by itself be a ground to deny maintenance to the claimant and child.
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