Madhya Pradesh High Court Upholds DNA Test Of Child In Divorce Petition Alleging Adultery By Wife

The High Court of Madhya Pradesh at Jabalpur has dismissed the petition filed by the wife challenging the Family Court's order directing a DNA test of her child. The Family Court had allowed the husband's application under Section 112 of the Indian Evidence Act to verify whether the child was biologically his, in the context of a divorce petition filed on the ground of adultery.

The petitioner-wife argued that ordering a DNA test violated the child's right to privacy, autonomy, and identity, and could unjustly cast a shadow on the child's legitimacy. She relied on Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2024) 7 SCC 773, emphasizing the presumption of legitimacy under Section 112 of the Evidence Act and that DNA tests should not be routine.

The respondent-husband contended that he had no access to the wife at the time of conception, given his posting in the Indian Army and her role as a police constable. He argued that sufficient pleadings were made in the divorce petition regarding non-access and alleged infidelity. The court noted this was the third divorce petition filed between the parties, highlighting previous instances of non-cooperation by the wife in earlier proceedings.

The High Court relied on the Supreme Court precedents including Dipanwita Roy v. Ronobroto Roy (2015) 1 SCC 365, Ivan Rathinam v. Milan Joseph (2025 SCC OnLine SC 175), and R. Rajendran v. Kamar Nisha (2025 SCC OnLine SC 2372). The court clarified that while the presumption of legitimacy under Section 112 is strong, DNA testing can be ordered in divorce petitions on the ground of adultery where non-access is sufficiently pleaded, and the test is necessary to substantiate allegations of infidelity.

Balancing the interests of the parties, the Court held that the Family Court was justified in ordering the DNA test. The wife was given the option to comply voluntarily; refusal could lead to adverse inference under Section 114(h) of the Evidence Act. The court emphasized that the DNA test in this context would determine allegations of adultery, not the legitimacy of the child per se.

Case No: MISC. PETITION No. 5428 of 2023

Case: KAMLA PATEL Versus GOVIND BAHADUR

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