Nizar v. Raseena
Case brief
What is this about?
The High Court of Kerala set aside the Family Court's dismissal of an application to conduct a DNA test. It held that the child is a necessary party to proceedings seeking a declaration of non-paternity and that the petitioner must implead the child before ordering a test.
What did the court decide?
Set aside the Family Court order dismissing I.A.No.593/2016; directed the petitioner to implead the child within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
OP (FC).No. 400 of 2017
AGAINST THE ORDER IN OP 277/2016 of FAMILY COURT, ALAPPUZHA DATED 04-05-2017
PETITIONER:
NIZAR
AGED 44 YEARS,S/O LATE KUNJU MUHAMED,PALLIPPARAMBIL VEEDU,THATHAMPALLY WARD,ALAPPUZHA-688013.
BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY)
Issues for consideration
3 issues framed by the court
Whether a declaration that a child is not the legitimate son of a man during the marriage is maintainable without impleading the child as a necessary party.
Whether the Family Court's refusal to order a DNA test for proving non-paternity was correct.
Whether the presumptions under Section 112 of the Evidence Act override scientific proof of non-paternity.
Parties & counsel
- petitioner
Nizar
- respondent
Raseena
Coram
C.K. Abdul Rehim
Case details
As recorded by the court registry
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