GOUTAM KUNDU versus STTE OF WEST BENGAL AND ANR.

GOUTAM KUNDU versus STTE OF WEST BENGAL AND ANR.

Indian courts cannot direct blood group tests for paternity as a routine procedure. Section 112 of the Evidence Act creates a strong presumption of legitimacy for children born during a valid marriage, which can only be rebutted by strong evidence of non-access, not medical tests. The application for blood group testing in this case was rightly refused as its purpose was merely to avoid maintenance liability.

Parties
Appellant: Goutam Kundu; Respondent No. 1: State of West Bengal; Respondent No. 2: Second Respondent (wife)
Jurisdiction
India
Judgment Date
14 May 1993
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Maintenance, Paternity, Blood Group Test, Presumption of Legitimacy
Family Law Criminal Law Evidence Law Maintenance Paternity Blood Group Test Presumption of Legitimacy

Case Brief

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Parties

Goutam Kundu

Appellant

State of West Bengal

Respondent No. 1

Second Respondent (wife)

Respondent No. 2

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Calcutta High Court

Legal Issues

  1. 1 Whether courts in India can order blood group tests to determine paternity in maintenance proceedings
  2. 2 What is the evidentiary value of blood group tests in disproving paternity
  3. 3 Under what circumstances can the presumption of legitimacy under Section 112 of the Evidence Act be rebutted

Ratio Decidendi

Indian courts cannot direct blood group tests for paternity as a routine procedure. Section 112 of the Evidence Act creates a strong presumption of legitimacy for children born during a valid marriage, which can only be rebutted by strong evidence of non-access, not medical tests. The application for blood group testing in this case was rightly refused as its purpose was merely to avoid maintenance liability.

Court Disposition

Appeal dismissed

Orders

  • Criminal Appeal No. 443 of 1992 is dismissed.
  • Respondent No. 2 permitted to withdraw the maintenance amount without security.