The time at which this provision was enacted, no blood test;no dna was thereonion, thus there was no occasion to incorporate such science.Thus rejecting as throwing best evidence under best evidence rule is promoting travasty of justice and asking some to raise a child which is not ones. Dada 165 evidence act, 151 cpc covers, such exceptional circumstances.If foreign country accept this. Even in posco case Or rape case, the paternity is established. ND tiwari case is the best example as the marriage of lady was already married. The trend is, if lady goes, permission granted. If male goes, shown the door, Even in recent time. Every child has right to know parents, as even if even after 112 presumption, the society will raise eyebrow, which court cannot stop. The court also loose eye even in case, if husband is impotent. R basant judgement was classic, saying, if I sow a potato, potato must come out, not onion.
Eben the recent enactment still replicates the same. Even in adopted child, the ancestarry is known and sapinda relationship comes in action in respect to both families. By denying DNA, we are actually promoting incest like what the rise of incest in ivf technique in USA of 7000 per million now because of using same sperm material for multiple person, the same surpise can happen in natural incest cases unknowingly. In effect, the argument of public policy goes that too when adultery is now common. Moving further, in a ted talk by lawyer of America, only 2 cases proved wrong while the rest suspicion came true and further, why one object, if everything ok as dna technique does not require invasive technology, now can be done through hair etc.
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शिक्षा उस शेरनी का दूध है जो पिएगा वो दहाड़ेगा। सचिन सर द ग्रेट
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The time at which this provision was enacted, no blood test;no dna was thereonion, thus there was no occasion to incorporate such science.Thus rejecting as throwing best evidence under best evidence rule is promoting travasty of justice and asking some to raise a child which is not ones. Dada 165 evidence act, 151 cpc covers, such exceptional circumstances.If foreign country accept this. Even in posco case Or rape case, the paternity is established.
ND tiwari case is the best example as the marriage of lady was already married.
The trend is, if lady goes, permission granted.
If male goes, shown the door,
Even in recent time.
Every child has right to know parents, as even if even after 112 presumption, the society will raise eyebrow, which court cannot stop.
The court also loose eye even in case, if husband is impotent.
R basant judgement was classic, saying, if I sow a potato, potato must come out, not onion.
Eben the recent enactment still replicates the same. Even in adopted child, the ancestarry is known and sapinda relationship comes in action in respect to both families. By denying DNA, we are actually promoting incest like what the rise of incest in ivf technique in USA of 7000 per million now because of using same sperm material for multiple person, the same surpise can happen in natural incest cases unknowingly. In effect, the argument of public policy goes that too when adultery is now common. Moving further, in a ted talk by lawyer of America, only 2 cases proved wrong while the rest suspicion came true and further, why one object, if everything ok as dna technique does not require invasive technology, now can be done through hair etc.