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october 2009

Supreme Court of India · 2009-10-22

Ramkanya Bai vs Bharatram

Citation / case number
AIR 2009 SC (SUPP) 2951
Court
Supreme Court of India
Petitioner
Ramkanya Bai
Respondent
Bharatram
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the High Court's order allowing a DNA test of the child was unjustified as it was based solely on the possibility of reuniting the parties, without considering the legal implications and facts of the case. The Court emphasized that the husband had not denied paternity during the trial, and the High Court failed to address the relevant legal questions under Section 13 of the Hindu Marriage Act. Consequently, the Supreme Court set aside the High Court's order, reaffirming the dismissal of the husband's divorce petition.

Ramkanya Bai vs Bharatram · Niyam