Court Directs DNA Testing to Ascertain Maternity as Plaintiff's Status as Daughter is Disputed by Alleged Mother
In a significant judgment delivered on February 7, 2026, the Rajasthan High Court, Jaipur Bench, presided over by Justice Bipin Gupta, has ordered a DNA test to conclusively determine the maternity of Smt. Bhauri Devi, the petitioner in a civil writ petition (S.B. Civil Writ Petition No. 5426 of 2022). The case revolves around the dispute over the legitimacy of a will dated April 10, 2014, and the plaintiff's claim to property as the daughter of the deceased Shri Badri and his wife, Smt. Bila Devi.
The case was originally filed by Smt. Bhauri Devi seeking a declaration that the will executed by her father, Shri Badri, was null and void, arguing that it was executed without rightful authority as the property in question was ancestral. However, the core issue arose when defendant No. 2, Smt. Bila Devi, denied being the mother of the plaintiff, raising questions about the plaintiff’s claim to the property.
The trial court had previously rejected the application for a DNA test citing privacy concerns and the defendants' refusal to undergo testing. This decision was challenged by the petitioner, asserting that a DNA test was the only scientific method to conclusively prove her maternity, especially since defendant No. 2 denied the relationship.
The High Court, in its judgment, emphasized the rare nature of the case, where maternity, rather than paternity, was being contested. The court highlighted the absence of statutory presumptions in cases where a woman denies maternity and underlined the importance of scientific evidence like DNA testing in such disputes.
Justice Gupta ordered the trial court to direct defendant No. 2, Smt. Bila Devi, to undergo a DNA test to be matched with that of the plaintiff, Smt. Bhauri Devi, to conclusively determine maternity. The court also noted that should defendant No. 2 refuse to comply, adverse inferences could be drawn under Section 119 of the Bharatiya Sakshya Adhiniyam, 2023, thereby supporting the plaintiff's claim.
This judgment sets a precedent in Indian jurisprudence, highlighting the court’s reliance on scientific methods to resolve complex familial disputes and ensuring justice through modern legal mechanisms.
Bottom Line:
DNA test can be directed to establish maternity when a mother denies the child to be hers - Court can issue directions for DNA test, and if refused, consequences under Section 119 of Bharatiya Sakshya Adhiniyam, 2023 can follow.
Statutory provision(s): Bharatiya Sakshya Adhiniyam, 2023 Section 116, Bharatiya Sakshya Adhiniyam, 2023 Section 119, Civil Procedure Code, 1908 Order 26, Rule 10A
Smt. Bhauri Devi v. Mahendra Kumar, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2850556
