DNA Test -- Child Attaining Majority During Proceedings -- Mother loses authority to consent on behalf of child
(i) Indian Evidence Act, 1872, S.112 -- DNA Test -- Child Attaining Majority During Proceedings -- Authority of mother to consent to DNA test of child on his behalf ceases upon the child attaining majority. An adult child, not impleaded as a party, cannot be compelled to undergo DNA examination, and no adverse inference can be drawn against the mother if the child refuses. (ii) Indian Evidence Act, 1872, S.112 -- DNA Test -- Allegation of Adultery -- A DNA test to rebut the presumption of legitimacy under Section 112 can be ordered only where the husband makes out a strong prima facie case and pleads non-access during the relevant period. Absence of such foundational pleading in the divorce petition disentitles the husband to a direction for DNA testing.
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