Uttarakhand High Court Rejects Husband's Plea for Child's DNA Test in Adultery Case
The Uttarakhand High Court has dismissed a husband's appeal seeking a DNA test of his minor child to prove allegations of adultery against his wife. The bench, comprising Justices Manoj Kumar Tiwari and Pankaj Purohit, upheld a lower family court's decision, ruling that such a test would constitute an unwarranted intrusion into the child's privacy and dignity, rights protected under Article 21 of the Indian Constitution. The husband had argued that scientific evidence was necessary to substantiate his claims in matrimonial proceedings under the Hindu Marriage Act. However, the court emphasized Section 112 of the Indian Evidence Act, which presumes legitimacy for children born during a valid marriage. The judges stated that DNA testing cannot be ordered routinely and requires careful balancing of interests. They noted that allowing the test could effectively bastardize the child and that the husband failed to first rebut the presumption of legitimacy. The court concluded that protecting the child's welfare and legal status outweighs the need for a roving inquiry into paternity for proving adultery.
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Uttarakhand High Court Rejects Husband's Plea for Child's DNA Test in Adultery Case
The Uttarakhand High Court has dismissed a husband's appeal seeking a DNA test of his minor child to prove allegations of adultery against his wife. The bench, comprising Justices Manoj Kumar Tiwari and Pankaj Purohit, upheld a lower family court's decision, ruling that such a test would constitute an unwarranted intrusion into the child's privacy and dignity, rights protected under Article 21 of the Indian Constitution. The husband had argued that scientific evidence was necessary to substantiate his claims in matrimonial proceedings under the Hindu Marriage Act. However, the court emphasized Section 112 of the Indian Evidence Act, which presumes legitimacy for children born during a valid marriage. The judges stated that DNA testing cannot be ordered routinely and requires careful balancing of interests. They noted that allowing the test could effectively bastardize the child and that the husband failed to first rebut the presumption of legitimacy. The court concluded that protecting the child's welfare and legal status outweighs the need for a roving inquiry into paternity for proving adultery.
The Indian Express