Forcing to DNA test is violation of violate his personal liberty and right to privacy. – SC

OCTOBER 1, 2021

The appellant seeks a declaration of ownership of property left by the late Trilok Chand Gupta and Sona Devi. He arrayed the couple's three daughters as defendants in the suit and claimed himself to be the son of Trilok Chand Gupta and Sona Devi. In their written statement, the defendants denied that the plaintiff is the son of their parents (Trilok Chand Gupta and Sona Devi), and as such, he is disentitled to any share in their parental property. The defendants also set up an exclusive claim on the property based on the Will dated 16.4.1982 (registered on 25.4.1982) executed by their late mother Sona Devi. The Defendants filed an application seeking direction from the Court to conduct a Deoxyribonucleic Acid Test (DNA) of the plaintiff and either of the defendants, to establish a biological link of the plaintiff to the defendants parents . But the same was dismissed and aggrieved by this order, defendants approached the High Court and the same was allowed. The Appellant approached the Apex court and question which has to be decided, whether in a declaratory suit where ownership over coparcenary property is claimed, the plaintiff, against his wishes, can be subjected to a DNA test and in the absence of consent, a party can be forced to provide a sample for a DNA test. Both replied in the negative. When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy. Appeal allowed. 

ASHOK KUMAR      

VERSUS 

RAJ GUPTA & ORS.

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