The Court made the observation while allowing a petition challenging a trial court’s decision to allow the conduct of a DNA test in a property dispute.
By way of background, a suit had been filed before the trial court in 2017 by a woman (plaintiff) who staked a claim in land belonging to a man who died in the 1980s.
The plaintiff claimed that the deceased man was her father, and that he had been married to her mother, before he later married another woman. The plaintiff claimed that she was born out of the wedlock of the deceased man’s first marriage. Therefore, the plaintiff contended that she and her mother were entitled to a part of the deceased man’s property.
The suit was contested by the deceased man’s son, who contended that his father was never married to anyone else apart from his mother.
Source: Barandbench
