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This is an archive article published on December 2, 2011

Paternity suit: HC notice to Tiwari

The Delhi High Court issued a notice to Congress leader N D Tiwari on a plea against its earlier order that the former Governor of Andhra Pradesh

The Delhi High Court on Thursday issued a notice to Congress leader N D Tiwari on a plea against its earlier order that the former Governor of Andhra Pradesh cannot be compelled to give his blood samples for DNA test to decide a paternity suit.

A Bench of acting Chief Justice A K Sikri and Justice Rajiv Sahay Endlaw issued notice on the plea by Rohit Shekhar,who claims to be Tiwaris biological son,and sought his response by January 19 next year.

In his appeal against the courts single-judge bench order,Rohit said it had failed to deal with Tiwaris dismissive conduct against the courts earlier order to give his blood sample.

The Bench had failed to consider if Tiwari,85,was not compelled to submit his blood sample in compliance with the courts earlier order,it would be difficult for him to get justice,Rohit said in his plea.

Challenging the HC order,Rohit said with each passing day,the possibility of getting justice is fading out on account of the apprehension of a very critical evidence being lost forever.

In her order,Justice Gita Mittal had ruled,Tiwari cannot be physically compelled or confined for submitting his blood sample for DNA profiling to implement its December 2010 judgment.

At the same time,she had also said his Tiwaris persistent refusal could lead to the presumption that he was Rohits father.

 

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