DNA Test Conclusively Establishes Paternity : Daughter Entitled to Maintenance and Notional Share in Deceased Father’s Property : Andhra Pradesh High Court Rules
In a recent ruling, Justice V. Srinivas of the Andhra Pradesh High Court partly allowed an appeal that contested the entitlement to maintenance, marriage expenses, and partition of property, consequent to the death of Palavali Viswanath. The court’s decision revises the trial court’s allocation regarding the property share for the second respondent but upholds the lower court’s verdict on other aspects.
Legal Points:
The judgment addresses several crucial legal issues including the entitlement to maintenance and marriage expenses, the legitimacy and rights of children born from a void or voidable marriage under the Hindu Marriage Act, and the partitioning of property according to familial lineage.
Facts and Issues:
The respondents filed a suit for past maintenance, future maintenance, marriage expenses, and the partition of property, following the death of Palavali Viswanath. The main contention involved the legitimacy of the second respondent as Viswanath’s daughter, which was initially challenged but later confirmed through DNA evidence.
Court Assessment:
Legitimacy and Maintenance Claims: The court upheld the trial court’s finding based on DNA evidence that confirmed the second respondent’s paternity, thereby entitling her to maintenance and marriage expenses.
Partition of Property: The court altered the trial court’s decision on the property partition. The High Court ruled that the second respondent, as a legitimate daughter from a void marriage, is entitled to a share in the notionally partitioned share of her father, and not an equal share in all joint family properties. This decision clarifies her entitlement under the Hindu Marriage Act.
Application of Law: The judgment also reiterated legal positions from notable cases such as Revanasiddappa v. Mallikarjun and Raja Gounder v. M.Sengodan, which influenced the decision-making regarding the partition and inheritance rights of children from void or voidable marriages.
Decision of the Judgment:
The appeal was partly allowed, modifying the extent of property share entitled to the second respondent. The court confirmed the trial court’s decision regarding maintenance and marriage expenses. The judgment emphasized the rights of children from void or voidable marriages to their parent’s property, but not to the joint family property beyond the share of their parents.
Date of Decision: 16.04.2024
Palavalli Sugunamma & Ors. vs. Palavalli Mallika & Anr.
