The Madhya Pradesh High Court has upheld a family court’s order directing a DNA test of a child in divorce proceedings where the husband alleged adultery by his wife. The ruling clarifies when courts may permit scientific tests in matrimonial disputes involving questions of adultery and paternity.
Background
A husband filed for divorce on the ground that his wife had an extramarital relationship, and he sought a DNA test of the child born during the marriage. He argued that, due to his posting away from home and limited access, the child’s paternity was in doubt and relevant to proving his adultery claim.
The wife challenged the family court’s direction for DNA testing, contending that such tests intrude on privacy, could stigmatise the child, and undermine the legal presumption of legitimacy under Section 112 of the Evidence Act.
High Court’s Reasoning
The High Court referred to established principles that:
The presumption of legitimacy of a child born during marriage is rebuttable in appropriate cases when specific facts raise credible questions about access.
In cases founded on allegations of adultery, a DNA test may be permissible if the divorce petition contains detailed pleadings of non-access showing limited opportunities for the husband to be the biological father.
The court must balance the interests of justice — assessing whether the evidence presented justifies scientific inquiry — without automatically violating legal protections afforded to children.
Where the pleadings are specific and supported by circumstances indicating possible non-access, directing a DNA test is a valid exercise of judicial discretion.
Applying those principles, the Court found that the husband’s petition contained sufficient factual detail to warrant DNA testing and therefore upheld the family court’s order.
Significance
This decision confirms that, in divorce cases alleging adultery, courts can order DNA tests to clarify biological issues when properly pleaded and supported by evidence. Such orders are not automatic but depend on the concrete factual matrix, especially concerns about access between spouses during the relevant period of conception.
