- In the case of Nirmal Ghosh vs. Partha Ghosh the Hon’ble Tripura HC has held that any plea for conducting a DNA test cannot be entertained by the court unless there is an explicit challenge to the birth documents and school records of a person.
- In the instant case, the petitioner had alleged that the respondent, Partha Ghosh was not the son of the deceased Kshitish Ghosh and under the garb of certain fraudulent wills in his name, he was selling off the properties which were in dispute before the trial Court.
- In the plea, there was a further request for directions to allow the conduct of a DNA Test.
- Refusing the same, the Court observed that unless there is a challenge to the birth documents and the school certificates to show that Kshitish Ghosh is not the father of Partha Ghosh, there cannot be any direction for a DNA Test to declare whether the first respondent is indeed the son of Kshtish Ghosh.
- The Court had also observed, after hearing the rival contentions of both the parties, that it is not in dispute that the documents of the respondent like his birth certificate, school records, records from the revenue departments, etc all reflect that the respondent was indeed the son of Kshitish Ghosh. The Court held that the petitioner would first have to challenge the documents, before a plea for DNA test can be entertained.
- Thus the Court granted liberty to the petitioner to move applications before the concerned court to seek appropriate remedy in support of their claim.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
