Maintenance to Child -- Fresh DNA Test Despite Earlier Unfavourable Report -- Directed where paternity is foundation of maintenance claim
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Fresh DNA Test Despite Earlier Unfavourable Report -- May be directed in exceptional circumstances where determination of paternity forms the very foundation of the maintenance proceedings, notwithstanding an earlier DNA report obtained during criminal proceedings which the child had no independent opportunity to challenge. The child\'s right to identity, maintenance and welfare cannot be foreclosed merely because the earlier report remained unchallenged. (ii) Evidence Act, 1872, S.112 -- DNA Examination -- Balance Between Finality of Report and Child\'s Welfare -- Where a fresh scientific test would cause only minor inconvenience, an independent examination by a reputed forensic laboratory may be directed to eliminate doubts and enhance confidence in the outcome, without prejudice to either party, since a genuine earlier report would only stand reaffirmed. Such direction does not amount to a roving inquiry when paternity is directly in issue and not raised merely because the earlier result was unfavourable.
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