Presumption of legitimacy Archives

‘Compelling DNA test without imminent need violates right to privacy and dignity’: Karnataka High Court quashes order permitting DNA test in partition suit

“The concerned Court has treated the DNA test as a frolicsome act and ordered as a matter of course. Right to privacy and dignity is lost sight of.”

Case Briefs Supreme Court

Legitimacy determines paternity under Section 112 Evidence Act, until the presumption is rebutted by proving ‘non-access’: SC

An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.

Case Briefs High Courts

Delhi High Court dismiss paternity test plea due to no sperm count; Emphasis on child’s interests in parental disputes

Azoospermia means there is an absence of live spermatozoa in the semen. There could be various causes for such a condition, including obstruction of the tubules or ducts, i.e., the reproductive tract, or even due to infection, retrograde ejaculation or aspermatogenesis. Thus, azoospermia is categorized under two heads: obstructive and nonobstructive.