Father Denied to Accept his Own Son | Case: N.D Tiwari v. Rohit Shekhar(2010)
- by Aditi-Harshraj
- Jun 20, 2020 18:30
Paternity refers to fatherhood which brings responsibility towards their children, their love, and obligations to be performed. Almost everyone loves their children, they want their children to call them "Papa" and they never feel ashamed of the fact that he is the father. But what if the person isn't ready to accept a child as his son or daughter.
In N.D Tiwari v. Rohit Shekhar(2010), the son filed a petition in the court to declare him the natural-born child of the man whom he calls his father. This case deals with section 112 of the Indian Evidence Act and DNA was also allowed by the court on the basis that it is the right of the child to know his father and from whom he belongs. It's the duty of the father to take care of his child and he shall not bastardize his own son. Sec 112 of the Indian Evidence Act states that if the person is born out of the marriage between his mother and the man then he is the legitimate son unless there's no contact between them. This section follows the principle of "Pater est quem nuptial demonstrate" which means the father is he whom the marriage points. But this section only deals with legitimacy and not paternity. No matter whether the child is legitimate or illegitimate, he has his father. It's the right of the child to know his father. But The court held that the man was the natural son of Narayan Dutt Tiwari and later on, he himself accepted the truth and his son with an open heart.
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