"The Court observed that no person may seek a DNA test merely in an attempt to obtain evidence in support of his case. Unless the applicant makes a strong prima facie case, such an application is not liable to be allowed. ,” it said while admitting a plea challenging a trial court's decision to allow DNA testing to be conducted in a property dispute.
The trial court's order came on a petition filed by a woman before a trial court in 2017, claiming the land of a man who died in the 1980s on the grounds that the deceased was her father and he was married to her. He later married another woman, before whom she was a mother. She claimed that she was born from the first marriage of the deceased person and hence, she and her mother were entitled to a share of the deceased person's property.This was contested by the deceased man's son, who argued that his father had never married anyone other than his mother. So to prove her parentage, she filed an application to get the sibling DNA tested, which was allowed by the magistrate court.
The deceased man's son later filed an original petition before the High Court and after looking at the facts of the entire case, said: "It has already been held by the Honorable Supreme Court, the existence of a strong prima facie case is a DNA It is mandatory to demand testing. Here, the plaintiff applicant himself admits that there is no evidence except the aspect to be proved by DNA analysis..."
"DNA analysis, even if allowed, will not establish the marriage between (the mother of the deceased person and the plaintiff). At best, it may prove that the plaintiff is (the deceased person's) daughter. Proof of the same, B herself , the plaintiff will not be taken anywhere.Prayer is for partition,'' High Court quashes order allowing DNA test.
The trial court's order came on a petition filed by a woman before a trial court in 2017, claiming the land of a man who died in the 1980s on the grounds that the deceased was her father and he was married to her. He later married another woman, before whom she was a mother. She claimed that she was born from the first marriage of the deceased person and hence, she and her mother were entitled to a share of the deceased person's property.This was contested by the deceased man's son, who argued that his father had never married anyone other than his mother. So to prove her parentage, she filed an application to get the sibling DNA tested, which was allowed by the magistrate court.
The deceased man's son later filed an original petition before the High Court and after looking at the facts of the entire case, said: "It has already been held by the Honorable Supreme Court, the existence of a strong prima facie case is a DNA It is mandatory to demand testing. Here, the plaintiff applicant himself admits that there is no evidence except the aspect to be proved by DNA analysis..."
"DNA analysis, even if allowed, will not establish the marriage between (the mother of the deceased person and the plaintiff). At best, it may prove that the plaintiff is (the deceased person's) daughter. Proof of the same, B herself , the plaintiff will not be taken anywhere.Prayer is for partition,'' High Court quashes order allowing DNA test.
