Supreme Court permits paternity testing in divorce cases alleging infidelity
The Supreme Court ruled that a DNA test can be ordered to determine a child's father in marital disputes where a husband claims his wife’s unchastity and denies paternity.
The Supreme Court has decided that courts may order a paternity test in matrimonial cases where a husband seeks divorce citing his wife's alleged unchastity and denying biological fatherhood. The bench explained that a DNA report obtained by the petitioner would constitute prima facie and sufficient proof, satisfying the criterion of an eminent need. It emphasized that, given the nature of the accusations, conclusive evidence is unlikely without genetic testing.
The ruling also cited observations from a High Court, which had previously stated that a DNA report is material to establish the truth of such claims. This judgment clarifies the legal stance on paternity testing within divorce proceedings in India.
Why it matters
It sets a precedent allowing courts to use DNA evidence to resolve contested paternity claims in divorce cases.
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