Child Cannot Be Used as a Pawn : Delhi HC Upholds Family Court’s Refusal for Paternity Test in Divorce Case

The Delhi High Court, in a significant ruling, dismissed an appeal seeking direction for a paternity test in a matrimonial dispute, emphasizing the paramount importance of a child’s interest and identity. The bench comprising Hon’ble Mr. Justice Rajiv Shakdher and Hon’ble Mr. Justice Amit Bansal, in the case of Gagandeep Singh vs. Bhumika, underlined that “the child cannot be used as a pawn to show that the mother of the child was living in adultery.”

Background of the Case: The appellant, Gagandeep Singh, challenged the order of the Family Court that rejected his application for a paternity test to establish the legitimacy of a minor child amidst an ongoing divorce proceeding. The divorce, filed under Section 13(1)(ia) of The Hindu Marriage Act, 1955, on grounds of cruelty, later incorporated claims of the husband’s azoospermia, raising doubts about the child’s paternity.

Court’s Observations: The Delhi High Court observed that the couple had cohabited from their marriage in 2008 until 2019, and the presumption of legitimacy under Section 112 of the Indian Evidence Act cannot be overlooked. The court noted, “The appellant/husband cannot, by a sidewind, impact the interest of the child who is not a party to the proceedings.” The bench further referenced the Supreme Court judgment in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia 2023 SCC OnLine SC 161, reiterating that the child’s right to identity should not be compromised in marital disputes.

Decision: Upholding the Family Court’s decision, the High Court concluded that the appellant’s request for a paternity test cannot be granted, given the circumstances and the legal presumption in favor of the child’s legitimacy. The court dismissed the appeal, stating, “The child’s right to identity should not be allowed to be sacrificed.”

Date of Decision: 31.01.2024

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