Babaso Anandrao Desai v. Veerendra Babaso Desai
Case brief
What is this about?
Writ petition by a defendant in a partition suit challenging the trial Court's direction to submit to DNA examination on the plaintiff's claim of paternity. The High Court noted DNA tests are not a first step absent documentary evidence, issued notice before admission and permitted the petitioner to place the plaintiff's affidavit before it.
What did the court decide?
Notice before admission issued returnable 11/12/2024; petitioner may inform trial Court of petition and seek adjournment.
What the court decided
5 Wp-13341-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 13341 OF 2024
Babaso Anandrao Desai ...Petitioner
vs.
Veerendra Babaso Desai ...Respondent
***** Mr. N. J. Patil i/by Mr. Akshay N. Advocate for the Petitioner Patil ***** CORAM : S. M. MODAK, J. DATE : 13th NOVEMBER 2024
- P. C. :-
- Heard learned Advocate for the Petitioner-Defendant No. 1.
- There is suit for partition filed by Respondent No. 1 against the
present Petitioner. The Plaintiff claims to be a son begotten to one Ruby out of relationship with Defendant No. 1. This is denied by
Defendant No. 1. The issues were framed, and the Plaintiff has filed an affidavit of examination-in-chief. In the written statement, defendant
Issues for consideration
1 issue framed by the court
Whether the trial Court could direct the Defendant to undergo DNA examination in a partition suit where paternity is denied, before verifying the Plaintiff's evidence.
Parties & counsel
- petitioner
Babaso Anandrao Desai
- respondent
Veerendra Babaso Desai
Coram
S. M. Modak
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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