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Anita W/o Eknath Hatkar v. Additional Commissioner Nashik

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5588 of 2017)Decided 25 Apr 2017
Civil Appeal No. 5588 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant, facing disqualification proceedings on the ground that she had a third child born after the applicable cut-off date, approached the Supreme Court. During the hearing, her counsel submitted on instruction that the third child, Amol Anna Hatkar, was not actually born to her, and that she was willing to undergo a DNA test. The Court directed a DNA test and stayed the disqualification pending the result.

Decision Breakdown

The Forensic Science Laboratory, Mumbai, submitted its report to the Court concluding that the appellant and her husband were the biological parents of the child in question. Since the DNA evidence contradicted the very submission on which the appellant's case rested, the Court found no merit in the appeal and dismissed it, with no order as to costs.

Lesson Learnt

Scientific evidence such as a DNA test can conclusively resolve disputed questions of parentage in election/disqualification cases. A litigant should be cautious before offering to undergo such a test, since an adverse result can be decisive and leave no room for further argument.

Official source (sci.gov.in)View Judgment (PDF)

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