Saturday 7 July 2012

Maid-Servant Engaged for domestic chores of petitioner cannot give rise to presumption that petioner had fathered child of maid-servant

High Court Of Gauhati
Gobinda Neogi Vs. Smt. Jhuma Rani Saha
Citation 2012 CRI. L. J. 1897
Dated : 20/9/2011
Case no: Criminal Revision Petition No. 212/2007
Coram: Hrishikesh Roy J.
In a case based on a paternity claim it would be unsafe to reach a conclusion solely on the mother's assertion on the paternity of the child, without independent corroboration of the mother's testimony particularly in the face of a negative DNA test report. Merely because the first party was engaged for domestic chores in the house of the petitioner, can't give rise to the presumption that there was physical relationship between the petitioner and the first party and the petitioner has fathered the child of first party. This is particularly relevant as there as were other male members in the same house hold and one of them offered to bear the cost of abortion and the DNA Test ruled out that the petitioner is the biological father of child born to first party.

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