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Paternity suit
SC admonishes Tiwari for avoiding DNA test
R Sedhuraman
Legal Correspondent

New Delhi, May 1
The Supreme Court today admonished former Uttarakhand Chief Minister ND Tiwari for refusing to give his blood sample for a DNA test for ascertaining a claim that he is the biological father of 33-year-old Rohit Shekhar.

“You can’t make the paternity suit infructuous” by avoiding the DNA test, a Bench comprising Justices Aftab Alam and CK Prasad told Tiwari’s counsel Sushil Jain.

“We were very candid to you on this” on March 18, 2011 while rejecting the plea for a stay on a Delhi High Court order directing him to undergo the DNA test, the Bench pointed out.

“We deliberately did not grant a stay” on the HC order in view of Tiwari’s age, 86, the Bench noted.Recording its disapproval of Tiwari’s conduct in defying various court orders for subjecting him to the DNA test, the Bench, however, clarified that this would not affect the pending cases relating to the paternity suit filed by Rohit. According to Rohit, he was born out of a relationship his mother, Ujjawala, had with Tiwari.

The Bench was hearing a petition filed by Tiwari in March 2011 challenging the logic of asking him to undergo the test, contending that it was in violation of his right to privacy. The need for DNA test would arise only after Rohit had proved that his mother had no access to her estranged husband, his averred.

Counsel Jain informed the Bench that his client would also challenge the April 27, 2012 judgment of the Delhi HC directing the use of police force for collecting the blood sample.





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