The Delhi high court on Friday said though veteran Congress leader N D Tiwari cannot be physically compelled to give his blood sample for a DNA test in a paternity suit filed by a youth, his persistent refusal can lead to the presumption that he is the father.
Reacting to the plea of 85-year-old Tiwari challenging the high court's earlier order to give his blood sample, Justice Gita Mittal said, "He (Tiwari) cannot be physically compelled or confined to give his blood sample but his continuous refusal is malafide and arbitrary and unjustified."
The court added that due to Tiwari's continuous refusal to give his blood sample, a presumption can be drawn on the basis of corroborative evidence produced by the plaintiff, 31-year-old Rohit Shekhar, that he is Tiwari's biological son.
The court gave the ruling while disposing of Tiwari's plea that he should not be forced to give his blood sample.
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