Supreme Court of India

Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & Anr.

Neutral citation

Reported as [2014] 1 S.C.R. 120

Bench Chandramauli Kr. Prasad and Jagdish Singh Khehar JJ.

Decided 6 January 2014

Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow this appeal, set aside the impugned judgment so far as it directs payment of maintenance to respondent no.

Judgment, page 15

From the headnote

Code of Criminal Procedure, 1973.· s. 125 - Maintenance to wife and daughter - Appellant husband denying paternity of the child and challenging the order as regards maintenance to her - Two DNA test reports excluding him to be the biological father of the child - Held: 0 Impugned judgment is set aside so far as it directs payment of maintenance to the child - However, the payments already made shall not be recovered from the respondents. Evidence Act, 1872: s. 112 - Birth during marriage, conclusive proof of legitimacy - Rebuttal by two DNA tests - Held: DNA test is scientifically accurate

Authorities it was built on

2010 Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women & Anr. cited by 7
2001 Smt. Kanti Devi and Anr. v. Poshi Ram cited by 5
2005 Shri Banarsi Dass v. Mrs. Teeku Dutta and Anr. cited by 4
1993 Goutam Kundu v. Stte of West Bengal and Anr. cited by 4

Where later benches applied it

2023 State of Gujarat and Anr. v. M/s. Saw Pipes Ltd. referred to
2017 Mukesh & Anr. v. State for Nct of Delhi & Ors. mentioned
2017 Mis. Bhuwalka Steel Industries Ltd. & Ano!her v. Union of Ind!a & Others mentioned
2014 Dipanwita Roy v. Ronobroto Roy mentioned
2025 R. Rajendran v. Kamar Nisha and Others distinguished
2025 Ivan Rathinam v. Milan Joseph distinguished
2023 Aparna Ajinkya Firodia v. Ajinkya Arun Firodia distinguished

Of those, 3 distinguished · 1 referred to · 3 mentioned

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