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Synopsis

The Allahabad High Court has ruled that when there is a document on record that is recognized to be sufficient legal proof of determination of the date of birth such as a matriculation certificate, no circumstance exists to pass an order for a DNA test.

The bench of Justice Saurabh Shyam Shamshery, relying on the Supreme Court's judgment in Sanjeev Kumar Gupta v. State of UP, court added that the matriculation certificate or a birth certificate issued from the School would be considered to be the best evidence to determine the date of birth of a person.

The case before the court involved a disputed land originally owned by one Yaqoob, survived by three sons. The eldest son, Shakeel, passed away after marrying petitioner no.1  Smt. Mobin. The respondents argued that the petitioner no. 1-wife had a second marriage after Shakeel's death, and they claimed rights through a contested will.

Despite contestations at various levels, the petitioner asserted that Shakeel was the father of her daughter (petitioner 2). The court rejected this claim, citing the daughter's matriculation certificate indicating a birth date after 615 days of Shakeel's demise.

While the petitioners suggested a DNA test to confirm parentage, the respondent's counsel opposed the same citing the Juvenile Justice Act, considering a high school certificate as the best evidence for determining birth dates.

The court upheld the authorities' decisions, highlighting the absence of evidence contradicting the school certificate.

Drawing on the Aparna Ajinkya Firodia judgment of the Supreme Court, the court outlined the principles that were culled out as to the circumstances under which a DNA test of a minor child may be directed to be conducted.

In view of the same, the high court affirmed the matriculation certificate's legal validity and dismissed the need for a DNA test.

It also noted that the daughter, now of legal age, had not pursued any claims over the disputed land. Consequently, it upheld the contested will without alterations.

Case Title: Smt. Mobin And Another v. Dy. Director Of Consolidation And 6 Others