The Gujarat High Court has refused to permit a man to examine his minor son in order prove his wife's alleged adultery, observing that the child cannot be used as a pawn to show that the mother was living in adultery as it is always open for the husband to prove it through other evidence.

The court was hearing the father's plea who had sought summoning of his minor son as a witness to testify in his case and prove the adultery of the petitioner's wife. The father claimed that his son was the eyewitness to the illicit relation between the petitioner's wife and the minor's mother with another man. 

Justice MK Thakker in her order observed that it was admitted that the child is 16-years-old. The court noted that as per the allegations, the man with whom the mother allegedly had a relationship with had been instructed by the village residents not to enter the village for 6 months. 

The court observed that if the child is allowed to be a witness in the battle between husband and wife, it would gravely affect the child's mind.

"A child cannot be used as a pawn to show that mother of the child was living in adultery as it is always open for the husband to prove it through other evidence. Further, the interest of the child should be given preliminary consideration in the battle between husband and wife. In addition to that, in the mind of a child, the reputation and dignity of the mother is required to be protected. In that background, in the opinion of this Court, no error is committed by the learned Court in disallowing the application," the court said.

The court dismissed the petition.