Supreme Court · 2023 INSC 146 · Decided 20 February 2023
Aparna Ajinkya Firodia v. Ajinkya Arun Firodia
- Court
- Supreme Court of India
- Citation
- 2023 INSC 146 · [2023] 4 S.C.R. 680
- Case number
- CIVIL APPEAL No. 1308/2023
- Decided
- 20 February 2023
- Bench
- V. RAMASUBRAMANIAN, B.V. NAGARATHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 112, 114, 4; Constitution
Headnote
Evidence Act, 1872 - s.112 - Birth during marriage, conclusive proof of legitimacy - DNA test of minor child - Circumstances under which may be directed - Principles enumerated. Constitution of India - Right to privacy - DNA Held: 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. Evidence Act, 1872 - s.112 - Presumption u/s.112 - Absence of plea of "non-access" to dislodge such
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)