Court dismisses DNA test request in maintenance proceedings, reinforcing protection under Section 112 of the Indian Evidence Act.
In a significant ruling, the Allahabad High Court dismissed an application seeking a DNA test to determine the paternity of a minor child born during the subsistence of a valid marriage, upholding the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872. The judgment, delivered by Justice Nand Prabha Shukla, emphasized the importance of protecting the child's legitimacy and the mother's dignity, while also maintaining the sanctity of marriage.
The case, titled "Smt Mansi Tyagi v. State of U.P.", involved an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Smt Mansi Tyagi, seeking to quash a Family Court order from Agra that rejected her request for a DNA test. The test was intended to establish the paternity of her son, Master Shiva, born on July 12, 2020, amidst an extra-marital affair with the respondent, Satish Tiwari.
The court reiterated the strong presumption of legitimacy under Section 112, stating that unless non-access between spouses during the time of conception is proven, the child is presumed legitimate. The judgment highlighted that "access" refers to the possibility of marital relations, and that a mere DNA test cannot rebut the presumption of legitimacy without substantial evidence of non-access.
Justice Shukla referenced several Supreme Court precedents, including "Goutam Kundu v. State of W.B." and "Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commissioner for Women," underscoring the cautious approach required before ordering DNA tests. The court noted the adverse impact such tests could have on the child's social status and the mother's reputation, thereby advocating for privacy and protection against unwarranted scrutiny.
The judgment observed that while the DNA test report dated July 28, 2020, indicated that Narendra Tyagi, Mansi's husband, was not the biological father, the legal presumption of legitimacy remained intact unless non-access was proven. The court found that both Narendra Tyagi and Satish Tiwari had simultaneous access, thus failing to displace the presumption of legitimacy.
In dismissing the application, the court affirmed the Family Court's decision, stating that there was no 'eminent need' for DNA profiling. Justice Shukla emphasized the legal stance that favors legitimacy and cautioned against the casual illegitimization of children based on unsubstantiated allegations or mere suspicion.
This judgment reinforces the legal framework protecting the legitimacy of children born within a valid marriage, ensuring their right to maintenance and social acceptance. The ruling also serves as a reminder of the judiciary's role in balancing scientific evidence with established legal presumptions, safeguarding individuals' rights to privacy and dignity.
Bottom line:-
DNA test for determining paternity in cases involving children born during a valid marriage cannot be directed as a routine measure. Section 112 of the Indian Evidence Act provides a strong presumption of legitimacy, which can only be rebutted by proving non-access between the spouses at the time of conception.
Statutory provision(s): Section 112 of the Indian Evidence Act, 1872; Section 125 of the Criminal Procedure Code, 1973; Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Smt Mansi Tyagi v. State of U.P., (Allahabad) : Law Finder Doc id # 2892811
