Court Supports DNA Test to Substantiate Adultery Claims Amidst Concerns of Privacy and Legitimacy
In a significant ruling, the Madhya Pradesh High Court has upheld the Family Court's decision to order a DNA test in a divorce petition filed on the grounds of adultery. The case involves Kamla Patel, who filed a petition against the Family Court's order that permitted her husband, Govind Bahadur, to conduct a DNA test on their child to substantiate claims of her infidelity.
The petitioner, Kamla Patel, argued that the Family Court's directive infringed on the right to privacy and could unjustly affect the child's legitimacy. She contended that the presumption of legitimacy under Section 112 of the Indian Evidence Act should not be disturbed lightly and emphasized the right to privacy and autonomy as crucial considerations in such matters.
Responding to the petition, the respondent, Govind Bahadur, highlighted that the DNA test was sought not to challenge the child's legitimacy but to establish the wife's alleged adulterous conduct. He asserted that compelling circumstances and sufficient pleadings of non-access during the period of conception justified the DNA test. Bahadur, an Indian Army personnel, claimed that he had limited access to his wife, who is a constable in MP Police, due to his professional commitments.
The High Court, presided over by Justice Vivek Jain, referred to precedents set by the Supreme Court in similar cases, emphasizing that DNA tests are permissible in divorce cases centered on adultery, provided that the legitimacy of the child is only incidentally involved. The court noted that the DNA test serves as a critical tool for establishing claims of infidelity, especially when traditional evidence is insufficient.
The judgment reiterated the legal stance that DNA tests could be ordered when necessary pleadings of non-access are present, and the primary issue is adultery, not the child's legitimacy. The court also addressed concerns regarding the right to privacy, clarifying that while privacy is vital, it should not obstruct the cause of justice, particularly in cases with substantial evidence of infidelity.
In its conclusion, the High Court dismissed Kamla Patel's petition and upheld the Family Court's order for the DNA test. The court also observed that should Patel refuse to comply with the DNA test order, the Family Court might draw adverse inferences against her under Section 114(h) of the Indian Evidence Act.
This decision highlights the judiciary's balancing act between protecting individual privacy and ensuring justice in family law disputes, underscoring the complexities involved in cases intertwining personal rights with legal responsibilities.
Bottom Line:
DNA test can be ordered to prove adultery in a divorce petition if necessary pleadings of non-access are present, and no declaration regarding the illegitimacy of the child is sought. The presumption under Section 112 of the Evidence Act is not disturbed where the issue of legitimacy is incidentally involved.
Statutory provision(s): Section 112 of the Evidence Act, 1872; Section 13(1)(ii) of the Hindu Marriage Act, 1955; Section 114(h) of the Evidence Act, 1872
Kamla Patel v. Govind Bahadur, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2841571
