DNA test of child cannot be allowed in matrimonial dispute: Supreme Court

The Supreme Court held that if there is no primary evidence of adultery, a DNA test cannot be ordered to establish the legitimacy of a child born out of marriage. A bench of Justices Vineet Saran and Dinesh Maheshwari set aside the order of the trial court and the Bombay High Court, which had allowed a petition by a man in a matrimonial dispute with his wife to order DNA test of his child, Because he had alleged that he was not the biological father of that child and that his wife had physical relations with other men. Referring to Section 112 of the Indian Evidence Act, the Bench observed that direct DNA test cannot be ordered to prove adultery and that the trial court and the High Court have erred in passing the order.

Explain that this section tells about the presumption of validity of a child. The bench said there should be some primary evidence to substantiate the allegation of the adult and only then the court can consider the DNA test.

The couple who filed the petition were married in 2008 and a daughter was born to them in 2011. Six years later, the husband filed for divorce. After this, he filed an application in the family court for DNA test of the child. However, the lower court accepted his plea, which was upheld by the High Court. After this the wife moved the Supreme Court.