DNA Test Cannot Be Ordered Routinely To Prove Adultery; Presumption Of Legitimacy Of Child Must Prevail: Uttarakhand High Court

The Uttarakhand High Court has held that a direction for DNA examination of a child cannot be issued as a matter of course to substantiate allegations of adultery, particularly in the absence of pleadings and material to rebut the statutory presumption of legitimacy under Section 112 of the Evidence Act. The Court observed that permitting such testing without foundational facts would...

Father Cannot Avoid Duty To Maintain Minor Child Due To Mother's Income Or Personal Liabilities: Uttarakhand High Court

The Uttarakhand High Court has held that a father cannot evade his statutory obligation to maintain his minor child under Section 125 CrPC on the ground that the mother is earning or by citing personal financial liabilities such as loan repayments or family responsibilities. The Court reiterated that the duty to maintain a minor child stands on a higher pedestal and voluntary...

Family Pensioner Cannot Be Treated As 'Dependent' To Deny Medical Reimbursement: Uttarakhand High Court

The Uttarakhand High Court has held that a recipient of family pension cannot be treated as a “dependent” for the purpose of denying medical reimbursement under applicable Government Orders, particularly where the benefit is claimed in an independent capacity. The Court observed that once the State has extended the benefit of a health scheme to a family pensioner and continued to...

Uttarakhand High Court Directs Bank To Pay ₹25 Lakh Insurance To Widow Of Deceased Constable; Says Administrative Lapse Cannot Defeat Claim

The Uttarakhand High Court has held that a bank cannot deny the benefit of an accidental death insurance scheme to the widow of a deceased police constable solely on the ground that his name was not included in the list of covered employees, where such omission is attributable to administrative lapse. The case arose from the death of a constable of the Uttarakhand Police, who died in a...

Rehabilitation Under Statutory Scheme Not Punitive: Uttarakhand HC Upholds Eviction Notices To Rispana Riverbed Basti Residents

The Uttarakhand High Court has held that action taken by authorities to relocate residents of a Basti situated along the Rispana riverbed in Dehradun, in furtherance of the Uttarakhand Special Provisions for Urban Local Bodies and Authorities Act, 2018, cannot be termed illegal or punitive. The Court observed that where residents are being shifted to alternative accommodation under the...

'State Must Ensure Protection Of Married Couple Facing Threat': Uttarakhand High Court Orders Police To Provide Security To Couple

The Uttarakhand High Court has observed that where there is a threat perception to a married couple, the State authorities are under a legal obligation to ensure their safety and protection. Taking note of the petitioners' apprehension of threat from private respondents, the Court directed the police authorities to assess the threat perception and make necessary arrangements for...

Consensual Adolescent Relationship: Uttarakhand High Court Stays Case Against Teen For 'Kidnapping' Girl Of Same Age

The Uttarakhand High Court in an interim order stayed criminal proceedings against a 15-year-old boy accused of kidnapping a girl of the same age he was stated to be in a consensual relationship with, referring to Supreme Court's recent decision which said that ignoring consensual adolescent relationships can lead to unjust outcomes. The court was hearing the applicant's petition challenging...

Land Not Found To Be Forest Land: Uttarakhand High Court Dismisses PIL Against Construction Of 'Sainya Dham' War Memorial

The Uttarakhand High Court has dismissed a public interest litigation challenging the construction of a war memorial, namely 'Sainya Dham' in Dehradun, holding that the land in question was not found to be forest land in a joint survey conducted by revenue and forest authorities. The Court observed that once the competent authorities had inspected the land and certified that it does not form...

Able-Bodied Person Cannot Avoid Maintenance By Pleading Unemployment: Uttarakhand High Court

The Uttarakhand High Court has held that a mere plea of unemployment cannot absolve an able-bodied and qualified individual of his obligation to maintain his minor children under Section 125 CrPC. The Court reiterated the principle that an able-bodied person is presumed to have the capacity to earn, and voluntary or unsubstantiated unemployment cannot be used to evade statutory...

Mere Breach Of Promise To Marry Does Not Constitute Rape In Absence Of Initial Deception: Uttarakhand High Court

The Uttarakhand High Court has held that a mere breach of a promise to marry does not constitute rape unless it is prima facie shown that the promise was false from the very inception and was made solely to obtain consent. Applying this principle, the Court quashed criminal proceedings under Section 376 IPC, holding that the allegations disclosed, at best, a failed consensual relationship...

Rape Conviction Cannot Rest On Suspicion; Chain Of Custody Defects Undermine Forensic Evidence: Uttarakhand High Court

The Uttarakhand High Court held that “a conviction must rest on legally proved evidence and not suspicion, however strong”, and that in the absence of a duly established chain of custody, forensic evidence loses its evidentiary value and cannot be treated as conclusive. Applying this principle, the Court set aside the convictions of the appellants-accused for offences under Sections...

Suspecting Wife's Character Without Instigation Does Not Constitute Abetment To Suicide: Uttarakhand High Court Acquits Husband

The Uttarakhand High Court has held that mere suspicion of a spouse's character and allegations of mental harassment, in the absence of any proximate act of instigation or intentional aiding, do not satisfy the ingredients of abetment of suicide under Sections 306 and 107 of the Indian Penal Code. Holding that the prosecution failed to establish the essential elements of abetment, the Court...