A court cannot compel the parties to undergo a blood test, to establish the legitimacy of the child because it would amount to declaring the mother as unchaste and child as illegitimate. This view was laid down in which one of the following cases?
Verified Answer
A. Pawan Kumar v. Mukesh Kumari
B. Subash v. Lata Shah
C. Ningamma v. Chikkiya
D. Gautam Kundu v. State of West Bengal
Explanation:
The landmark judgment in Gautam Kundu v. State of West Bengal (1993) held that a court cannot ordinarily compel a person to undergo a blood test to determine paternity, especially if it would have the effect of branding a child as illegitimate and the mother as unchaste, unless there is strong prima facie evidence to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act.