DNA Of Child Declined – Child’s Right to Identity and Protects Parenthood in Matrimonial Disputes – Raj. HC
In a landmark judgment delivered on 26 May, 2023, the Hon’ble Court, comprising Dr. Pushpendra Singh Bhati, J., underscored the vital significance of safeguarding the rights and interests of children in the context of matrimonial conflicts. The judgment, which analyzed the implications of DNA paternity tests and their impact on children, serves as a crucial precedent that prioritizes the welfare of children in such disputes.
The case revolved around a divorce application filed by a petitioner-husband who alleged that his wife had committed adultery and that he was not the biological father of their child. The petitioner sought a DNA paternity test to establish his claims. However, the High Court, while examining the legal provisions and relevant precedents, arrived at a crucial conclusion that the child’s rights should take precedence over the desire to establish paternity in cases of matrimonial disputes.
The judgment referred to Section 112 of the Indian Evidence Act, which provides a conclusive presumption of legitimacy when a child is born during the subsistence of a valid marriage. The court highlighted that the purpose of DNA testing should primarily be to determine paternity and not to establish adultery, as the latter aspect had already been decriminalized by the Supreme Court. It was observed that the child cannot be used as a means to prove or disprove allegations of adultery against the mother.
The court firmly stated that the DNA paternity test should not be ordered in a routine manner and only in exceptional cases where there is sufficient prima facie evidence to dislodge the presumption under Section 112. The judgment emphasized that the mental and physical well-being of the child should be the paramount consideration in such matters. The court also noted that the child’s right to identity should not be sacrificed and that the child should not be subjected to testing merely to satisfy the desires of either parent.
Furthermore, the judgment highlighted that the refusal of a mother to subject the child to a DNA test should not be used against her to draw adverse inferences regarding allegations of adultery. The court underlined that the mother’s refusal may be for the protection of the child’s best interests, and she should not be punished by invoking Section 114 of the Indian Evidence Act.
Date of Decision: 26 May 2023
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