Delhi HC Landmark Judgment On Paternity (DNA) Test – 2008

Folks,

finally got my hands on this landmark judgment. The Delhi HC allowed DNA tests to establish paternity. This is a landmark judgment for victims of paternity fraud in India.

Just imagine this situation. A devoted husband and father spends years of his life building a life for his wife and offspring and suddenly one day, he finds out that his wife had cheated on him years ago and what he perceived to be his own flesh and blood wasn’t after all, his own. And worse, his now exposed adulterous wife files a 498A against him. This happened to a very dear and now devastated friend of mine.

Justice Vipin Sanghi has done us all a great service.

Thanks to him, these bitches can face the consequences of their actions.

Should any bleeding heart feminazis like Girija Vyas or Indira Jaising object to my words, or raise a hue and cry about how the child was becoming the victim or the mother was the victim, I implore them to do more than that, by adopting these signs of infidelity and sin into their homes and raising them as their own and better still, marrying these adulterous women to their nephews or grand nephews and random relatives. Don’t actions speak louder than words?

Here is the judgment: Delhi HC – DNA Test-HMA-2008- Justice Vipin Sanghi

For those of you who find yourselves in a similar situation or luckily, are just facing a 498A, please read the judgment (M.Srinivasulu Vs State of A.P. (10/09/2007)) below.

The reason for introducing this judgment is this. Most 498A complaints aren’t worth the paper they are written on. This judgment clearly establishes that the consequences of cruelty need to be proven, before a complaint can be brought under the purview of 498A. Click on the quote to download it:

Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC.”

This judgment, coupled with Joginder Kumar Vs State of UP will go a long way in beating off the 498A. I promise you that !!!

I dedicate this post to my friend. Hopefully he’ll be able to climb out of the hole he’s been pushed into and overcome the ordeal he’s been subjected to…

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2 Responses to “Delhi HC Landmark Judgment On Paternity (DNA) Test – 2008”


  1. 1 feministmedia July 29, 2008 at 5:02 am

    Awesome posting!

    Fristly, Justice Sri Vipin Sanghi has brought India into modern world of jurisprudence with one stroke of pen. We must hold this great judge in awe and respect he commands for his courage and dedication to the truth.

    Secondly, a timely reminder about what constitutes a 498a offense really. This question has been adequately answered by our apex court – the Supreme Court of India. It is amazing how these “chota mota” judges are ignoring these guidelines of the SC with such impunity.

    It is the responsibility of all the accused under 498a to read this wonderful judgment (M.Srinivasulu vs State of AP) and internalize its contents. This is one of the pillars of defense for anyone accused in a 498a/304b cases; the other being Jginder Kumar vs State of UP. Keep these two judgments under your pillow and read them often until you get through the nightmare of the state sponsored legal terrorism.

    Like

    • 2 zanosald July 9, 2013 at 9:06 pm

      Hey,
      Just saw your post.
      I am a victim of a similar or rather a worse case.
      Got implicated with false 498a, 406 & 506(ii) within 03 days after having conducted a Paternity DNA Test.
      And the result came out to be “Excluded”.
      Any judgements on the same lines yet in India…?
      Thanks…

      Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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