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november 2013

Supreme Court of India · 2013-11-25

KANTHAMMA vs K. SHETTAPPA

Citation / case number
SC 2012/39816
Court
Supreme Court of India
Petitioner
KANTHAMMA
Respondent
K. SHETTAPPA
Author
CHELAMESWAR H.L. GOKHALE
Bench
J. CHELAMESWAR H.L. GOKHALE

Judgment text excerpt

The Supreme Court allowed the appeal, setting aside the High Court's order that had denied a DNA test to establish paternity. The Court emphasized that the appellant, as the alleged daughter, has the right to seek a DNA test to prove her relationship with the respondent, despite the limitations on property claims by illegitimate children as discussed in Revanasiddappa & Anr. Vs. Mallikarjun & Ors., 2011 (11) SCC 1. The Court directed the Trial Court to proceed with the DNA test as sought by the appellant.

KANTHAMMA vs K. SHETTAPPA · Niyam