GURMEET KAUR Vs. KARAMJIT KAUR AND OTHERS

JUDGEMENT

(1.) Impugned in the present revision petition is the order dated 10.08.2015 passed by learned Addl. Civil Judge (Sr. Divn.), Dhuri, vide which the application filed by the present petitioner for conducting the DNA examination of Mehakpreet Kaur with Manjit Kaur daughter of Makahn Singh (deceased), was dismissed.

(2.) As per the petitioner, Mehakpreet Kaur is the daughter born from the marriage of Makhan Singh (deceased) to ascertain the paternity of the minor Mehakpreet Kaur with Gurmeet Kaur (petitioner).

(3.) It comes out that sufficient evidence has been led to prove the marriage of Gurmeet Kaur with Makhan Singh (deceased). The lower court has already observed that under Section 112 of the Indian Evidence Act, 1872 the legitimacy of the child born during the marriage is presumed to be valid. It is not a paternity suit. Here the succession certificate is sought by Karamjit Kaur. It being so, the DNA examination will be superfluous.