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.