SHIMLA: The Himachal Pradesh High Court has rejected a plea seeking a DNA test in a matrimonial and paternity dispute, observing that a child’s identity and dignity cannot be put at risk simply to confirm allegations of infidelity.
The court made it clear that a husband can produce other evidence to prove the alleged illicit relationships of his wife.
Justice Ramesh Verma noted that scientific investigations cannot be used as a routine procedure in matrimonial disputes, especially when there is a risk of casting a social stigma on children.
With this observation, the High Court upheld an order of the Chamba Family Court, which had previously dismissed the petitioner’s plea to conduct DNA tests on three children.
The court emphasized that investigations into matters like infidelity can severely impact an individual’s social reputation and honor. In such situations, protecting the dignity and privacy of children is of paramount importance.
The High Court further pointed out that the Supreme Court, in several of its judgments, has clarified that forcing an individual to undergo a DNA test amounts to an intrusion into their personal life. The court added that a child born during a valid marriage is legally presumed to be legitimate unless there is concrete evidence to show that the husband and wife had no access to each other.
Furthermore, the bench stated that a DNA test cannot be permitted as a “roving inquiry” without sufficient grounds, as it carries the risk of socially stigmatizing women and children.
The High Court also noted in its order that the petitioner appeared to have filed the application with the intention of evading the maintenance charges fixed by the lower court.
In the original civil suit, the petitioner had claimed that the woman was not his legally wedded wife, alleging that she was already married to another person and therefore their marriage was void. Alongside this, he had also questioned the paternity of the three children.
