Hyderabad: The Hyderabad High Court has made it clear that there was no illegality when a family court orders a man to undergo DNA test when a question of paternity arises between a couple in matrimonial matters with regard to their child.
Justice M. Satyanarayana Murthy was dismissing a criminal petition challenging an order passed by the family court at Vijayawada in a matrimonial case directing the husband to give blood samples for a DNA test.
The family court ordered the man to go for a DNA test following a petition by his wife and son when he denied maintenance to them on the ground that his wife was leading an adulterous life and the child was not his.
Counsel appearing for the husband before the High Court contended that a child cannot be ‘bastardised’ by referring him to a DNA medical test along with his client, and it would seriously affect the future of the child and bring stigma.
Counsel appearing for the wife and child contended that adultery was not ground for refusing maintenance to the woman. He said when there was any doubt about the paternity of the petitioner, only DNA test provided accurate scientific evidence proving the paternity.
While dismissing the petition, Justice Satyanarayana Murthy held that direction issued by the family court cannot be faulted and consequently the order was liable to be confirmed.
The judge relied on judgments of the Supreme Court in the cases of Nandlal, Goutam Kundu vs. State of West Bengal and Bhabani Prasad Jena.
In the above cases, the apex court categorically held that “overall view of the courts is that stigma cannot be attached to an innocent child by restoring to scientific methods to decide paternity. Yet, it is the duty of the courts to protect the rights of father also. If the father is not provided an opportunity to dispel the presumption under Section 112 of Indian Evidence Act by scientific evidence, it amounts to denial of opportunity to bring on record the truth”.
