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Court: DNA Tests Not Routine in Paternity Disputes
27 Nov
Summary
- DNA paternity tests cannot be ordered routinely by courts.
- Court ruled such tests require specific circumstances.
- A plea for a DNA test was dismissed by the Allahabad High Court.
The Allahabad High Court has clarified that ordering DNA tests to establish paternity is not a routine procedure in legal disputes. The court emphasized that such tests should only be directed in specific situations where the possibility of cohabitation between the parties during the crucial period is demonstrably absent. This ruling came as the court dismissed a plea from a man who challenged the denial of a DNA test for his child.
The petitioner had argued that the child born to his wife was not his biological daughter, citing their limited time together after marriage. He sought a DNA test to confirm his claims. However, the court observed that the judicial magistrate and appellate court had rightly refused the DNA test order.
Justice Chawan Prakash highlighted that merely disputing parentage is insufficient grounds for compelling a DNA test. The decision underscores the need for compelling evidence or specific circumstances to warrant such intrusive testing, balancing the rights of the child with the claims of the parties involved.
