Truth Must Prevail Using Best Available Science: Allahabad High Court Upholds DNA Test Order in Paternity Dispute for Maintenance Claim

High Court dismisses application challenging the trial court’s order for DNA testing in a maintenance case under Section 125 Cr.P.C., emphasizing children's welfare and scientific evidence.

The Allahabad High Court has upheld the trial court's order directing the applicant, Sachin Agarwal, to undergo a DNA test to determine paternity in the context of a maintenance claim under Section 125 of the Cr.P.C. The judgment, delivered by Justice Prashant Kumar, emphasizes the necessity of DNA testing in paternity disputes impacting maintenance claims, referencing scientific advancements and legal precedents to support the decision.

The case involves a maintenance claim filed by Smt. Mamata against Sachin Agarwal under Section 125 Cr.P.C. in the Family Court, Mathura. Mamata claimed that she had married Sachin after her first husband, Sunil Kumar, disappeared. The couple had two children, for whom she sought maintenance. Sachin Agarwal disputed paternity, arguing that he was not the biological father of the children and therefore not liable for their maintenance. The Family Court ordered a DNA test to ascertain paternity, which Sachin Agarwal challenged in the Allahabad High Court under Section 482 Cr.P.C., seeking to quash the order.

Necessity of DNA Testing: The court underscored the importance of DNA testing in establishing paternity, particularly in cases involving children's welfare and maintenance claims. "A DNA test can serve as a decisive tool in resolving paternity disputes, which directly impacts the question of maintenance for the children involved," the court noted, citing advancements in scientific techniques as crucial for uncovering the truth.

Balancing Interests and Welfare of Children: Justice Prashant Kumar highlighted that the primary aim of ordering a DNA test is to arrive at the truth regarding paternity, which is essential for the just adjudication of maintenance claims. "The court must balance the interests of the parties and ensure that the children's welfare is not compromised," he emphasized, referring to the Supreme Court's ruling in Sharda v. Dharampal.

The judgment referenced several Supreme Court cases to support the order for DNA testing, including Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & Anr and Banarsi Dass v. Teeku Datta. These cases highlighted the reliability and necessity of DNA tests in resolving paternity disputes. The court stated, "When there is a conflict between conclusive proof envisaged under law and proof based on scientific advancement, the latter must prevail."

Justice Kumar remarked, "In the interest of justice, the truth must be ascertained using the best available science. The DNA test, although invasive, is necessary to conclusively determine paternity, which directly impacts the children's right to maintenance."

The Allahabad High Court's decision to uphold the trial court's order for a DNA test in this paternity dispute reinforces the judiciary's commitment to utilizing scientific advancements for fair and just adjudication. The judgment sends a strong message about the importance of accurate and reliable evidence in resolving disputes that affect children's welfare and maintenance rights. This landmark decision is expected to influence future cases, ensuring that scientific methods are appropriately employed to ascertain the truth in paternity disputes.

Date of Decision: May 30, 2024

Sachin Agarwal vs. State of U.P. and Another