Wednesday 7 August 2013

Paternity declaration and perpetual injunction against denial of paternity

Narayan Dutt Tiwari v. Rohit Shekhar, (2012) 12 SCC 554
 Contract and Specific Relief 
 Specific Relief Act, 1963 
 Ss. 34, 35 and 36 - Paternity declaration and perpetual injunction against denial of paternity - Suit filed for - Interim
order directing DNA test - Putative father's unwillingness to subject himself to DNA test - Coercive measures if can be
taken to obtain his blood sample - Privacy that can be afforded to putative father while taking his blood sample - High
Court holding that court can use reasonable force by taking police assistance if blood sample is not willingly given -
Supreme Court while dismissing putative father's SLP, modifying High Court directions to the extent that confidentiality
would be afforded to petitioner by taking sample at his residence (instead of requiring him to come to court premises for
this purpose) - Petitioner's old age also taken into consideration - Detailed directions issued - Putative son and his
mother also permitted to be present at the time of taking sample (so that genuineness of sample remains free from
controversy) - DNA lab directed to furnish its report in a sealed cover, (2012) 12 SCC 554-A 
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