Supreme Court · 2014 INSC 9 · Decided 6 January 2014
Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & ANR.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 9 · [2014] 1 S.C.R. 120
- Case number
- CRIMINAL APPEAL No. 24/2014
- Decided
- 6 January 2014
- Bench
- C.K. PRASAD, J.S. KHEHAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 125; Evidence Act Section 112
Headnote
Code of Criminal Procedure, 1973.· s. 125 - Maintenance to wife and daughter - Appellant­ husband denying paternity of the child and challenging the order as regards maintenance to her - Two DNA test reports excluding him to be the biological father of the child - Held: 0 aside so far as it directs payment of maintenance to the child - However, the payments already made shall not be recovered from the respondents. Evidence Act, 1872: E s. 112 - Birth during marriage, conclusive proof of legitimacy - Rebuttal by two DNA tests - Held: DNA test is scientifically
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