Bombay High Court

MUNJABHAU MUKUND UPADHYEversusMANJUSHA MUNJABHAU UPADHYE AND ANR

Disposal: DISPOSED OFF

Holding

The court held that without a strong prima facie case proving non‑access under Section 112, the application for a DNA test cannot be directed, and the writ petition was dismissed as withdrawn.

Summary

The petitioner challenged a civil judge’s order rejecting his application for a DNA test to determine the paternity of a minor child. The petitioner argued that the court should direct a DNA test even at the interim stage of the proceedings. The High Court held that under Section 112 of the Indian Evidence Act, a strong prima facie case proving non‑access is required before the presumption of legitimacy can be displaced, and mere suspicion is insufficient. Consequently, the court found no basis to interfere with the lower court’s order. The petitioner then sought to withdraw the writ petition, and the court dismissed the petition as withdrawn.

Issues considered

Whether the civil judge erred in rejecting the application for a DNA test at the interim stage of the paternity dispute.
Whether a prima facie case under Section 112 of the Indian Evidence Act exists to warrant a court‑directed DNA test.

Legislation cited

Indian Evidence Act, 1872 — s. 112

Subjects

paternity
DNA test
Section 112
presumption of legitimacy
civil procedure
writ petition
withdrawal

Judgment

2026:BHC-AUG:44709


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 11234 OF 2026
                            MUNJABHAU MUKUND UPADHYE
                                           VERSUS
                        MANJUSHA MUNJABHAU UPADHYE AND ANR
                                               ...
                          Advocate for Petitioner : Mr. Savant Vilas P.
                                               …

                                       CORAM : MANJUSHA DESHPANDE, J.

                                        DATE      : 28th SEPTEMBER, 2026


              PER COURT :

              1.           The Petitioner is challenging the order dated 10.03.2026, at

              Exhibit 15, passed by learned civil Judge, Senior Division, Ambajogai,

              wherein the Application filed by the Applicant / Respondent seeking a

              direction from the Court to conduct the DNA test of the minor child born

              to non-applicant no. 1 /wife for the purpose of determining the paternity

              of the said child, was rejected. His Application is rejected on the ground

              that the Application has been filed at an interim stage and the main matter

              is yet to be decided.


              2.           At this stage, the Court is required only to consider whether

              strong prima facie case warranting such direction exists. Section 112 of

              the Indian Evidence Act, requires proof of non-access between the parties
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at the relevant time. Mere suspicion, conjuncture or allegations are not

sufficient to displace this presumption under Section 112 of the Act.


3.            Since this Court is not inclined to interfere with the order,

the Petitioner seeks withdrawal of the Writ Petition to file the Application

at an appropriate stage whenever the occasion arises.


4.            The Writ Petition is dismissed as withdrawn with liberty as

prayed for.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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