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Supreme Court Rules on Child DNA Testing
20 Aug
Summary
- Child paternity tests permitted in matrimonial disputes.
- Supreme Court rejected wife's plea against DNA testing.
- Divorce granted if husband is not biological father.
The Supreme Court on Wednesday clarified that paternity tests for children are permissible in matrimonial disputes where a husband has sought divorce based on allegations of his wife's unchastity and has claimed he is not the biological father.
A bench comprising Justices M M Sundresh and Prasanna B Varale rejected a wife's contention that no party can be forced to undergo a DNA test. The court upheld orders from a family court in Pune and the Bombay High Court that had directed a DNA test.
The husband had initiated divorce proceedings, alleging his wife's unchastity and submitting that this could only be proven through a DNA test. He had privately obtained a DNA report indicating he was not the biological father, which he presented as evidence to support his request for a court-directed test.
The apex court's decision validates the necessity of such tests to establish prima facie cases in divorce proceedings, particularly when allegations of a spouse's unchastity are central to the husband's plea for divorce.
