Court emphasizes that DNA testing should not infringe on child's rights in marital disputes, urges alternative evidence for adultery claims.
In a landmark decision, the Telangana High Court has overturned a lower court's directive for a DNA test to determine the paternity of a minor child in a marital dispute involving allegations of adultery. The ruling, delivered by Justice Renuka Yara, emphasized the importance of safeguarding the child's welfare and privacy over the evidentiary pursuit of proving adultery.
The case arose from a divorce petition filed by respondent Doolam Vamshidhar Goud against petitioner Doolam @ Thallapally Sharanya. The petitioner challenged an order from the Senior Civil Judge at Jagtial, which mandated DNA testing of their minor daughter to ascertain her paternity. The order was initially sought to substantiate claims of the wife's alleged extramarital affair.
The High Court highlighted the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, which assumes a child's legitimacy if born during a valid marriage unless proven otherwise with evidence of non-access between spouses. The court noted the historical context of the Evidence Act, emphasizing that advances in medical science, such as DNA testing, must be carefully balanced against the rights and welfare of the child.
Justice Yara cited several Supreme Court precedents, including the notable Aparna Ajimkya Firodia v. Ajinkya Arun Firodia case, which underscored the principle that a child's right to privacy and identity should not be compromised for the sake of proving adultery. The judgment reiterated that the child's welfare must be the paramount consideration and that alternative evidence should be used to substantiate adultery claims.
The court concluded that the trial court's order for DNA testing was unnecessary and inappropriate, given the lack of evidence suggesting non-access between the couple. Respondent Vamshidhar Goud was encouraged to pursue other forms of evidence to support his claims. The High Court's decision sets a significant precedent, reinforcing the need to protect minor children's rights in matrimonial disputes.
Bottom Line:
DNA testing to determine paternity in matrimonial disputes should prioritize the child's welfare and privacy over proving adultery.
Statutory provision(s): Indian Evidence Act, 1872 Section 112, Hindu Marriage Act, 1955 Section 13(1)(i)(ia)
Doolam @ Thallapally Sharanya v. Doolam Vamshidhar Goud, (Telangana) : Law Finder Doc id # 2866873
