NANDLAL WASUDEO BADWAIK versus LATA NANDLAL BADWAIK & ANR.

NANDLAL WASUDEO BADWAIK versus LATA NANDLAL BADWAIK & ANR.

When there is a conflict between a conclusive proof envisaged under law (s. 112 of Evidence Act) and scientific proof accepted by the world community (DNA test), the latter must prevail. The DNA reports prove appellant is not the biological father and he cannot be compelled to bear fatherhood based on legal presumption when scientific evidence is to the contrary.

Parties
Appellant: Nandlal Wasudeo Badwaik; Respondent No. 1: Lata Nandlal Badwaik; Respondent No. 2: Netra alias Neha Nandlal Badwaik
Jurisdiction
India
Judgment Date
06 January 2014
Procedural Posture
Criminal Appeal / Supreme Court Final Determination on Appeal From Bombay High Court in Criminal Writ Petition No. 293 of 2008
Outcome
Appeal allowed.
Legal Topics
Maintenance Under S. 125 Cr PC, Presumption of Legitimacy of Child, Evidentiary Value of DNA Tests
Criminal Law Family Law Evidence Maintenance Under S. 125 Cr PC Presumption of Legitimacy of Child Evidentiary Value of DNA Tests

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Parties

Nandlal Wasudeo Badwaik

Appellant

Lata Nandlal Badwaik

Respondent No. 1

Netra alias Neha Nandlal Badwaik

Respondent No. 2

Procedural Posture

Criminal Appeal / Supreme Court Final Determination on Appeal From Bombay High Court in Criminal Writ Petition No. 293 of 2008

Legal Issues

  1. 1 Whether appellant husband can be directed to pay maintenance to the daughter when paternity is denied and DNA tests exclude him as biological father
  2. 2 Whether scientific evidence from DNA testing can rebut the presumption of legitimacy under s. 112 of Evidence Act

Ratio Decidendi

When there is a conflict between a conclusive proof envisaged under law (s. 112 of Evidence Act) and scientific proof accepted by the world community (DNA test), the latter must prevail. The DNA reports prove appellant is not the biological father and he cannot be compelled to bear fatherhood based on legal presumption when scientific evidence is to the contrary.

Court Disposition

Appeal allowed.

Orders

  • Impugned judgment set aside insofar as it directs payment of maintenance to respondent no. 2 (daughter).
  • Payments already made shall not be recovered from the respondents.