Case Name : Ashok Kumar vs Raj Gupta & Ors
Case Reference: (2021) 6 SCR 1113 :
Neutral Citation: 2021 INSC 587
Case Number: CA 6153/2021
Court: Supreme Court
Bench: 02
Coram: R Subhash Reddy, Hrishikesh Roy
Date: 01.10.2021
Court should ordinarily refrain from conducting blood test/DNA test to prove or dispute relationship especially when there is other evidence to prove or dispute the relationship These tests infringe upon right of privacy; can have societal repercussions. Presumption of legitimacy of child cannot be lightly repelled.
Defendant cannot force or compel the plaintiff to adduce or bring in evidence to support the defendant’s case. Each party has to prove their own case/version.
Refer also:
[[Sharda vs Dharmpal]], (2003) 4 SCC 493 : (2003) 3 SCR 106 ; [[Banarsi Dass vs Teeku Dutta]], (2005) 4 SCC 449 : (2005) 3 SCR 923
See also:
PDF: Ashok Kumar vs Raj Gupta, (2021) 6 SCR 1113.pdf
Web Link: URL of judgment