Case Summary
| Citation | DIPANWITA ROY vs RONOBROTO ROY (SC, 2015) |
| Keywords | sec 112, presumption, birth during marriage, legitimacy, DNA test |
| Facts | The petitioner-wife Dipanwita Roy and the respondent-husband Ronobroto Roy, were married at Calcutta in January, 2003. The present controversy emerges from a petition filed under Section 13 of the HMA, 1955 by the respondent, inter alia, seeking dissolution of the marriage. Since, 2007 the petitioner never lived with the respondent and did not share bed at all. On a very few occasions since then the respondent came to the petitioner’s place of residence to collect her things and lived there against the will, to avoid public scandal. She was leading a fast life and has lived in extra marital relationship with the said Mr. Deven Shah and the petitioner had given birth to a son. Husband denied this allegation. Husband moved an application in July 2011, seeking a DNA test of himself and the child. She asserted, that she had continuous matrimonial relationship with husband, and that, husband had factually performed all the matrimonial obligations with her, and had factually cohabited with her. The petitioner-wife accordingly sought the dismissal of the application filed by the husband, for a DNA test of himself and the male child born to wife. The Family Court dismissed the prayer made by the husband. Calcutta High Court directed for DNA Test on the request of Ronobroto Roy. |
| Issues | Whether Court can pass order for DNA Test? |
| Contentions | |
| Law Points | Once the validity of marriage is proved then there is strong presumption about the legitimacy of children born from that wedlock. The presumption can only be rebutted by a strong, clear, satisfying and conclusive evidence. The presumption cannot be displaced by mere balance of probabilities or any circumstance creating doubt. Even the evidence of adultery by wife which though amounts to very strong evidence, it, by itself, is not quite sufficient to repel this presumption and will not justify finding of illegitimacy if husband has had access. In a matter where paternity of a child is an issue before the court, the use of DNA test is an extremely delicate and sensitive aspect. The court must be reluctant in the use of such scientific advances and tools which result in invasion of right to privacy of an individual and may not only be prejudicial to the rights of the parties but may have devastating effect on the child. When there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA test is eminently needed. DNA testing is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity. This should simultaneously be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the assertions made by the respondent-husband, and to establish that she had not been unfaithful, adulterous or disloyal. Supreme Court held that order passed by the High Court for DNA Test is correct . But this order was modified and two options were given for wife regarding DNA Test: → In case, she accepts the direction issued by the High Court, the DNA test will determine conclusively dispute regarding paternity. → In second option, if she declines to comply with the direction issued by the High Court, the allegation would be determined by the concerned Court, by drawing a presumption of the nature contemplated in Section 114 of the Indian Evidence Act, especially, in terms of illustration (h) thereof. This will protect right to privacy without sacrifice cause of justice. |
| Judgement | The SC held that the husband’s plea that he had no access to the wife when the child was begotten stands proved by the DNA test report and in the face of it, the Court cannot compel the Appellant to bear the fatherhood of a child, when the scientific reports prove to the contrary.The SC upheld the order of HC. |
| Ratio Decidendi & Case Authority | Section 112 of IEA: Birth during marriage, conclusive proof of legitimacy – The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. Section 114 of IEA: Court may presume existence of certain facts – The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.Illustration (h) – That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him. |
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engine vibration
Understanding Engine Vibration: The Dance of Balance
Engine vibration is a phenomenon that many may overlook, yet it resonates deeply within the world of machinery and automotive technology. Just as a well-tuned orchestra produces harmonious sounds, a perfectly balanced engine functions smoothly, minimizing wear and tear on its components. The essence of managing engine vibration lies in the art of rotor balancing, a procedure designed to ensure that every element spins in perfect sync.
At the core of engine vibration is the rotor—a cylindrical body that rotates around an axis, supported by bearing surfaces. In a flawless setup, the mass of the rotor is symmetrically positioned around its rotational axis. Each piece of the rotor is balanced by an equal force acting on its opposite side, maintaining a state of equilibrium. Imagine two dancers spinning in tandem; if one is out of sync, the performance falters, leading to chaos rather than serenity. Similarly, engine vibration emerges when the symmetry of mass distribution is disrupted.
When the rotor’s mass distribution is uneven, the centrifugal forces acting on it become imbalanced. Picture a spinning top that wobbles instead of rotating steadily—it fails to maintain balance. This unbalance manifests as vibration, impacting the bearings and other machine elements, leading to accelerated wear and failure over time. Thus, addressing this imbalance becomes critical to ensuring longevity and efficiency in engine operation.
Types of Unbalance: Static vs. Dynamic
Engine vibration can be categorized into static and dynamic unbalance. Understanding these types is vital for effective balancing. Static unbalance occurs when the rotor, at rest, has a ‘heavy point’ due to asymmetrical mass distribution. Visualize a seesaw with one side heavier; it will tip to that side. On the other hand, dynamic unbalance arises when the rotor is in motion. Here, the centrifugal forces generate a torque that leads to uncontrolled vibrations, akin to a car veering off the road when the tires are unevenly inflated.
To correct these imbalances, balancing masses are strategically positioned along the rotor. This process resembles adjusting the distribution of weights on a seesaw to achieve perfect equilibrium. The balancing technique involves calculating the weight and position of corrective measures to restore symmetry, thus neutralizing the forces responsible for vibration.
The Importance of Balancing Rigid Rotors
For rigid rotors, the balancing process becomes pivotal. These rotors are characterized by minimal deformation under centrifugal forces, allowing for precise calculations and adjustments. When the rotor’s weight distribution is adjusted correctly, the ensuing engine vibration diminishes significantly.
Conversely, flexible rotors present a greater challenge. They undergo significant deformation at high speeds, complicating the balancing process. Balancing a flexible rotor requires a nuanced understanding of the forces at play and often involves more complex mathematical models. Balancing these rotors effectively is akin to mastering a difficult dance—timing and precision are paramount.
Measuring and Analyzing Vibration
Measuring vibration is an art in itself. Various sensors, such as accelerometers, come into play to evaluate engine vibration levels. These sensors analyze amplitude and frequency, providing vital data for balancing efforts. Much like a conductor fine-tuning an orchestra, engineers use these readings to make informed decisions about necessary adjustments.
The Role of Resonance
Resonance can become a formidable adversary in the realm of engine vibration. This phenomenon occurs when the frequency of an engine’s operation aligns with the natural frequency of its components, amplifying vibrations to potentially destructive levels. It’s like an echo in a concert hall—if the conditions are right, it can grow so loud that it overwhelms the intended melody. Addressing resonance requires careful planning and innovative solutions to ensure an engine operates safely and efficiently.
Balancing Techniques: The Path to Harmony
Achieving balance involves several techniques and methodologies. Engineers use specialized equipment to measure the vibration parameters of the rotor and then calculate the required corrective actions. This can include applying weights to designated areas on the rotor or adjusting its components. The goal is to realign the rotor’s center of mass with its axis of rotation, similar to aligning the strings of an instrument for optimal sound.
Balancing can be executed on assembled rotors, utilizing machinery designed specifically for this purpose. By placing the rotor on a balancing machine, engineers can monitor vibration in real-time and adjust accordingly. This dynamic feedback loop ensures that each adjustment leads to improved performance, reducing the chaotic energy that manifests as engine vibration.
Conclusion: The Symphony of Engine Mechanics
In conclusion, managing engine vibration through rotor balancing is vital for maintaining the health and efficiency of mechanical systems. It transforms a potential cacophony of noise and vibration into a harmonious symphony of mechanical efficiency. Just as an orchestra requires each musician to synchronize their notes, an engine relies on perfectly balanced components to function optimally. With the right balancing techniques, monitoring, and adjustment, the machinery can perform at its best, minimizing vibration and extending longevity, ultimately creating a smoother operational experience.