The Uttarakhand High Court has upheld a family court order refusing a husband’s request for DNA testing of a minor child in a matrimonial dispute, emphasising that such directions cannot be granted routinely and must not compromise a child’s dignity, legitimacy, and privacy.
A division bench comprising Justices Manoj Kumar Tiwari and Pankaj Purohit dismissed the appeal, observing that the petitioner failed to establish the legal grounds necessary to justify DNA examination. The court ruled that the balance of interests clearly favoured protecting the child’s rights.
The case originated from Nainital, where a family court had earlier rejected the plea. The husband, in proceedings under the Hindu Marriage Act, 1955, had alleged adultery and sought DNA testing to support his claims.
His counsel argued that the request was not aimed at disputing paternity but at obtaining scientific evidence in a case where direct proof is often difficult. He cited Supreme Court rulings, including Dipanwita Roy vs Ronobroto Roy and Ivan Rathinam vs Milan Joseph, to support the plea.
However, the High Court held that Section 112 of the Indian Evidence Act, 1872 remains decisive. The provision establishes a conclusive presumption that a child born during a valid marriage is legitimate, which can only be rebutted by proving “non-access” between spouses at the relevant time.
The bench noted that the petitioner neither specifically pleaded nor proved non-access, meaning the statutory presumption remained intact.
“Allowing DNA testing in such circumstances would amount to an unwarranted intrusion into the privacy and dignity of the minor child,” the court said, adding that these protections fall under Article 21 of the Constitution of India.
Reiterating that DNA tests can only be ordered in exceptional cases, the court concluded that the family court’s decision was legally sound and dismissed the appeal as lacking merit.
