Court mandates DNA testing to resolve maintenance claim and paternity dispute, setting aside previous maintenance order.
In a significant ruling, the Allahabad High Court has set aside a prior order directing Jawahir Lal Jaiswal to pay maintenance to Khusbu, allegedly his daughter, and remanded the case for fresh consideration after DNA testing. This decision was made in light of contested claims regarding Khusbu’s biological parentage.
The case originated from a maintenance claim filed by Khusbu through her mother, Himani/Hirmani, under Section 125 of the Criminal Procedure Code. The Family Court in Sonbhadra had previously ruled in favor of Khusbu, ordering Jaiswal to pay monthly maintenance. However, Jaiswal contested the decision, arguing that he is not Khusbu's biological father, a claim rooted in allegations of infidelity by Himani/Hirmani, who reportedly had a relationship with another man, Devanand @ Pachdev.
Justice Madan Pal Singh, presiding over the matter, emphasized the importance of scientific evidence in resolving paternity disputes, noting that DNA testing is crucial for determining the truth in such cases. The court highlighted that both the alleged father and the child have a right to know the biological parentage to avoid lifelong societal and psychological implications.
The judgment further underscored the inadequacy of legal presumptions in the face of scientific evidence, referring to Section 112 of the Indian Evidence Act, which deals with the presumption of legitimacy. The court ruled that scientific accuracy through DNA testing should prevail when paternity is disputed.
The court also addressed previous judgments, including those from the Supreme Court, underscoring the significance of DNA testing in similar cases. Notably, it referred to the Supreme Court's decision in Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, where the importance of scientific evidence over legal presumptions was emphasized.
Justice Singh acknowledged the sensitivity surrounding DNA tests, particularly concerning social stigma and psychological impacts, but stressed that such tests are indispensable for accurate determination of biological relationships. He noted that unresolved paternity issues could lead to adverse psychological and social implications for the child, and that DNA testing could provide closure and stability.
The High Court has directed the Family Court to conduct DNA testing of Jaiswal and Khusbu to ascertain the biological parentage. Following the test results, the Family Court is to reconsider the maintenance case afresh, ensuring a reasoned and speaking order within three months of receiving the DNA test results.
This ruling marks a pivotal moment in the legal approach to disputed paternity cases, highlighting the judiciary’s commitment to scientific accuracy and fairness in the pursuit of justice.
Bottom Line:
DNA testing is crucial in determining biological parentage in cases of disputed paternity under Section 125 Cr.P.C., especially when the alleged father contests his biological relationship with the child.
Statutory provision(s): Section 125 Cr.P.C., Section 112 Evidence Act, Section 53 Cr.P.C.
Jawahir Lal Jaiswal v. State of U.P., (Allahabad) : Law Finder Doc id # 2869326
