Can’t force paternity test in inheritance tussle, says SC | India News – Times of India

NEW DELHI: In an essential judgment, the Supreme Court has dominated that courts can not force DNA test on one of the siblings, who’re engaged in a civil go well with, for crystallising inheritance rights because it has the likelihood of stigmatising an individual as a “bastard” and violating his proper to privateness, which is an element of proper to life.
Three daughters of a Himachal Pradesh couple requested a trial court docket, the place their brother had filed a go well with for a declaration that he was the only heir of their dad and mom’ properties, to topic their ‘brother’ to DNA test whereas claiming that he was not the organic son of their dad and mom, which disentitled him from inheriting their dad and mom property. The man refused to bear a DNA test. The trial court docket dismissed the appliance saying he can’t be compelled to bear the blood test. But, the HC reversed the choice and requested the person to take a DNA test.
On enchantment, a bench of Justices R S Reddy and Hrishikesh Roy mentioned, “In a case like the present, the court’s decision should be rendered only after balancing the interests of the parties, that is, the quest for truth, and the social and cultural implications involved therein. The possibility of stigmatising a person as a bastard, the ignominy that attaches to an adult who, in the mature years of his life is shown to be not the biological son of his parents may not only be a heavy cross to bear but would also intrude upon his right of privacy”.
Referring to the 9-choose bench choice in Okay S Puttaswamy case that had given proper to dprivacy the standing of a elementary proper being half of proper to life, the bench mentioned, “When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy”.
Writing the judgment, Justice Roy mentioned DNA is exclusive to a person (barring twins) and can be utilized to determine an individual’s identification, hint familial linkages and even reveal delicate well being info. “Whether a person can be compelled to provide a DNA sample can also be answered considering the test of proportionality laid down in the unanimous decision of this court in K S Puttaswamy case, wherein the right to privacy has been declared a constitutionally protected right,” he mentioned.
Referring to the dispute in hand, the bench mentioned, “In such a form of litigation, the place the curiosity should be balanced and the test of eminent want isn’t glad, our thought-about opinion is that the safety of the appropriate to privateness of the plaintiff ought to take priority.”
The SC mentioned the plaintiff, with out subjecting himself to a DNA test, is entitled to ascertain his proper over the property in query, by way of different materials proof.

You may also like

More in:India

Leave a reply

Your email address will not be published. Required fields are marked *