The Tripura High Court has recently held that unless and until there is an explicit challenge to birth documents and school records of a person, a plea for conducting his/her DNA test cannot be considered by the Court.
Factual Background
Justice T. Amarnath Goud was hearing a plea wherein the case of the petitioner was that the respondent was not the son of the deceased Kshitish Ghosh and in the name of certain wills alleged to be executed by the latter; the respondent has been selling the properties which were in dispute before the trial Court.
The plea further prayed for directions to permit the conduct of a DNA test, an application for which has been dismissed earlier.
Observation of the Court
Considering the submissions from both sides, the Court observed that the fact petitioner is aware of all the documents of the respondent such as birth certificate, school records, a certificate from the revenue department, Aadhar card, ration card and the certificate issued by the Magistrate all reflect that the respondent is the son of the deceased, is not disputable.
The Court further refused to make any observations on the disputed facts and accordingly remarked,
“It is not for this Court to go into the disputed question of facts when appropriate remedy is available to the parties. The concern expressed by the petitioners who are siblings of the deceased that they have vested right and interest over the properties of the biological brother as legal heirs and nothing remains if the first respondent and his spouse proceeds alienating the properties and create third party interest. It is not for this Court to decide this aspect”.
Thus, the petitioners were granted the liberty to move applications before the concerned Court seeking appropriate remedy in support of their claim to protect disputed properties.
Case Details
Before: Tripura High Court
Case Title: Nirmal Ghosh v. Partha Ghosh
Coram: Hon’ble Justice T. Amarnath Goud
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