AP High Court Declines Father's Plea For DNA Test Of Children To Prove Alleged Adultery By Wife In Divorce Case

The Andhra Pradesh High Court has dismissed a man's plea seeking DNA testing of his two children in order to prove if his wife had committed adultery, in connection with an ongoing marital dispute.Initially, the petitioner had filed for dissolution of his marriage with his wife (respondent) on the ground of desertion under Section 13(1)(ib) of Hindu Marriage Act. Meanwhile, the petitioner also filed an application seeking to send his children for DNA testing, in order to determine whether he was their legitimate father. However, the Trial Court dismissed the said application, emphasising that children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity.When the aggrieved petitioner challenged the order before the High Court, Justice Tarlada Rajasekhar Rao upheld the order and held,“The petitioner herein filed an application under Section 45 of the Indian Evidence Act to conduct deoxyribonucleic acid test (DNA for short) of children in order to prove that his wife in adulteration. Even assuming that the wife is committing adultery, the petitioner cannot file an application to send the children for DNA testing particularly when the children are not claiming any maintenance from the father and the adulterer and children are not parties to the lis. To prove that his wife is in adulteration, the petitioner has to adduce evidence in any other manner to that extent. For the purpose of proving the wife is adultery, the petitioner cannot seek a DNA of his children.”In his challenge, the petitioner had contended that ordering the DNA test would not cause undue prejudice to the respondent, as it merely facilitates the discovery of truth and that right to privacy must be balanced with the right to justice, especially when paternity is directly under challenge. He emphasised that denial of DNA testing deprives the petitioner of a critical piece of evidence necessary to prove his case.Rejecting the contention, the Single Judge concluded.“… the petitioner has not made out any case and the petitioner is seeking divorce on the ground of desertion.”Accordingly, the Court dismissed the petition and imposed a cost of Rs.3000/- on the petitioner, payable to the District Legal Services Authority.Case Number: CIVIL REVISION PETITION No.3393 of 2025Case Title: X v/s YClick Here To Read/Download Order

AP High Court Declines Father's Plea For DNA Test Of Children To Prove Alleged Adultery By Wife In Divorce Case

Saahas Arora

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