LAW FOR ALL

Evidence Act sec.112 and sec. 45 - conflict between sec.112 and DNA TEST - DNA TEST PREVAILS OVER THE PRESUMPTION - Presumption of paternity when the husband and wife have access - husband pleaded non accesses - wife pleaded that there was restoration of relationship - No finding from the lower courts - DNA test shows that husband is not the father of daughter of wife - Apex court held that In our opinion, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former. = NANDLAL WASUDEO BADWAIK ..... APPELLANT VERSUS LATA NANDLAL BADWAIK & ANR. ..... RESPONDENTS = Published in judis.nic.in/supremecourt/filename=41129