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Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right

Team SoOLEGAL 21 Feb 2023 4:20pm

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Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right

New Delhi:The bench of Justices V Ramasubramanian and B V Nagarathna observed that the Children have the right not to have their legitimacy questioned frivolously before a Court of Law. This is an essential attribute of the right to privacy.

An application was filed by the husband seeking a direction subject to the wife's second child born during the marriage to ascertain his paternity. This application was filed in a divorce proceeding. The Family Court allowed it, and the Bombay High Court upheld the decision.

The Supreme Court observed that DNA tests on children born during the subsistence of a valid marriage may be directed only when there is sufficient prima facie evidence to dislodge the presumption under Section 112 of the Evidence Act. The court further observed that it is not prudent to draw an adverse inference under Section 114 of the Evidence Act in every case where a parent chooses not to subject the child to a DNA test.


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