Evidence Act, 1872–Sec. 112 [Corresponding Sec. 116 of BSA, 2023]–Penal Code, 1860–Secs. 417 & 420–Direction of DNA test of child–Justification–Dispute between husband and wife–Various documents reflecting a consistent acknowledgement of child’s paternity–Mere simultaneous access does not negate the husband’s access, nor does it suffice to displace the statutory presumption u/s. 112–Complete absence of specific pleadings establishing non-access between the spouses–The child has attained majority–His best interest ought to have been a paramount consideration–The gravemen of allegations bears no nexus to the paternity of the child–Merely because such testing is legally permissible in certain contexts, does not justify its use as a matter of course–Impugned judgment is liable to be set aside.
