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India Today
09-07-2025
- India Today
Family court erred: Bombay High Court blocks DNA test of child in divorce case
The Nagpur bench of the Bombay High Court has set aside a 2020 order by a Nagpur family court that had directed a DNA test to determine the legitimacy of a child born in 2013 to an estranged RM Joshi delivered the ruling on July 1 while hearing a plea filed by the woman and the child, challenging the family court's decision to allow the husband's request for DNA profiling. The High Court noted that the family court had "clearly erred in facts as well as law" in granting the request, pointing out that the husband had never denied paternity in any formal couple got married on December 18, 2011, and the wife left the matrimonial home in January 2013 while she was three months pregnant. The child was born in July 2013. Although the husband later filed for divorce alleging adultery, cruelty, and desertion, he did not initially contest the child's paternity. It was only in 2020, during the trial, that he sought a DNA test - an application that was allowed by the family setting aside the order, Justice Joshi observed, "Unless the husband disputes that he is not the father of the child and makes out a specific case of having no access to the wife the question of determining the paternity of the child does not arise."Citing Supreme Court precedents, the High Court emphasised that under Section 112 of the Indian Evidence Act, there is a strong presumption of legitimacy, which can only be rebutted by "clear, strong and conclusive evidence" that the husband had no access to the wife during the conception Joshi also criticised the family court for relying on a cross-examination statement in which the wife said she would abide by any court order. The High Court clarified that such a statement could not be treated as consent for a DNA test. "Even if it is accepted for the sake of argument that the wife conceded the said request, it was still absolutely obligatory for the court to consider the best interest of the child," the court judge further noted that the Supreme Court has cautioned that DNA tests should only be ordered if they are "eminently necessary."- EndsTune InMust Watch
News18
09-07-2025
- News18
Wife's Adulterous Life No Grounds For Child To Undergo Paternity Test: Bombay High Court
Last Updated: A court is undoubtedly required to consider pros and cons before calling upon minors to undergo blood/DNA tests, the HC said The Nagpur bench of the Bombay High Court has held that if there are allegations against a wife that she lives an adulterous life, the fact can be proved by any other evidence than calling upon the child from the marriage to undergo a paternity test. A bench of Justice RM Joshi made this observation while allowing a petition made by a wife against the family court's decision to allow the husband's application for conducting a DNA profiling test to decide the legitimacy of their child. The impugned order was passed by the family court in a petition filed by the husband seeking a decree of divorce on the grounds of adultery, cruelty, and desertion by his wife. Justice Joshi noted that the Supreme Court has cautioned courts that a paternity test can be directed to be conducted only if it is eminently needed. 'In case of a minor child, he/she is not capable of taking decision of agreeing to the test or refusal thereof. More particularly, when the parents of such child are fighting against each other and most of the times, the child is a tool, in such fight, the court must become the custodian of rights of minor child," the high court went on to note. The Nagpur bench further noted that there is more responsibility on the court than just deciding the lis/disputed questions between parties, and it is undoubtedly required to consider pros and cons before calling upon minors to undergo blood/DNA tests. As per the facts of the instant case, the high court noted that the allegation of the husband was that he was entitled to a decree of divorce for the reason that his wife was living an adulterous life. The single-judge bench went on to add, 'A question arises as to whether, this is an eminent case for passing order of DNA test. The candid answer to the same would be emphatic no. The reason for that is, unless the respondent-husband disputes that he is not the father of the child and makes out a specific case of having no access to wife and rebuts presumption under Section 112 of the Indian Evidence Act, question of determining the paternity of the child does not arise." The high court further noted that in none of the proceedings before the family court had the husband even denied paternity of the child. 'The Family Court, therefore, has clearly erred in facts as well as law while passing the order impugned. Hence, the petitioner has made out a case to cause interference in the order impugned," the HC said. view comments First Published: July 09, 2025, 18:10 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
India Gazette
07-05-2025
- Business
- India Gazette
Economist SP Sharma launches his book 'India@2047,' envisions India as global economic leader
By Aman Raj New Delhi [India], May 7 (ANI): Renowned economist Dr SP Sharma on Wednesday launched his new book, 'India@2047: Leading the Global Economic Order,' at an event in New Delhi that brought together distinguished voices from the fields of policy, academia, and economics. The book presents a compelling roadmap for India's transformation into a global economic superpower by 2047-- coinciding with the centenary of India's independence. It meticulously examines India's economic landscape, showcasing its remarkable achievements, identifying challenges and outlining crucial reforms needed to advance sustainable and inclusive growth. The author, Dr SP Sharma described India@2047 as a comprehensive analysis of India's economic evolution. 'The book traces India's journey from the post-independence era and the pivotal 1991 economic reforms to today's digital and startup-driven economy,' he said. 'It focuses on seven key areas--structural reforms, foreign trade, global alliances, economic resilience, global positioning, and emerging sectors such as artificial intelligence, the digital economy, and startups. India's economic trajectory in the past seven years has been particularly remarkable,' he added. Prof RM Joshi praised the book for its 'empirical and analytical depth,' calling it a 'holistic effort' that offers a clear vision of India's role in the global economic order by 2047. 'It highlights our shift from a low-income economy to a $4 trillion economy today, with some estimates projecting a $35-40 trillion economy by 2047,' he noted. Prof Niti Bhasin of the Delhi School of Economics emphasized the book's policy relevance, citing initiatives like Make in India, the Production-Linked Incentive (PLI) scheme, and Atmanirbhar Bharat as key drivers of progress. She also pointed to India's growing export performance and recent trade agreements as crucial tools for boosting foreign investment. 'Beyond economics, India's rise as a global soft power is also significant,' she added. The book further explores sectoral growth in agriculture, technology, health, education, and infrastructure, while underscoring the need for inclusive and sustainable development to realize the vision of a Viksit Bharat by 2047. The launch event featured a dynamic panel discussion with notable participants including Krishana Agarwal, National Spokesperson of the BJP; Prof RM Joshi, Vice Chancellor of the Indian Institute of Foreign Trade; Dr Ajay Dua, Former Secretary, Ministry of Commerce; Prof Niti Bhasin of the University of Delhi; Col Saurabh Sanyal; and AP Vicky Shaw, among others. (ANI)
