Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent.
The bench comprising Justice Alka Sarin further added that the burden to prove his case by adducing evidence in support of his plea lies on a litigating party and the Court cannot compel a party to prove his case in the manner (undergoing DNA test) as suggested by the contesting party.
The court was dealing with a petition under Article 227 of the Constitution of India challenging an order whereby the Trial Court dismissed petitioner's application to get respondent's DNA test conducted in order to ascertain respondent's parentage by getting the same compared with the blood samples of the petitioners.
Brief facts relevant to the present lis are that the respondent averred being the daughter of Sukhdev Singh and late Jeet Kaur and filed a suit for declaration that she is owner of their 1/4th share of land. The defendants in this suit were Sukhdev Singh and the defendant-petitioners (sons of Sukhdev Singh) who denied the factum of respondent being the daughter of Sukhdev Singh and Jeet Kaur.
Sukhdev Singh and the defendant-petitioners (sons of Sukhdev Singh) moved an application in Trial Court to get plaintiff-respondent's DNA test conducted which was dismissed by the court. Again, two applications with regard to getting DNA Test were filed which were also dismissed.
After considering the facts and circumstances of the instant case, the court noted that defendant-petitioners cannot compel the plaintiff-respondent to adduce evidence in support of the instant case which is set-up by them because the burden to prove their case by adducing evidence in support of their plea lies on a litigating party.
The law regarding a DNA test is well settled. In the present case the parties have led evidence in support of their respective stands taken in Court. The defendant-petitioners cannot compel the plaintiff-respondent to adduce evidence in support of the case set-up by the defendant-petitioners.
Court further noted that it cannot compel a party to prove his case in the manner suggested by the contesting party. Therefore, a prayer to order a DNA test cannot be granted.
It is the burden on a litigating party to prove his case by adducing evidence in support of his plea and the Court cannot compel a party to prove his case in the manner as suggested by the contesting party.
Court further placed reliance on the judgement of Ashok Kumar vs. Raj Gupta & Ors. and held that defendant-petitioners have failed to make out a strong prima facie case for getting an order to get DNA test of the plaintiff-respondent.
Court further noted that the Trial Court decided the application in accordance with law and there is no illegality in the exercise of its jurisdiction.
Accordingly, the present petition is dismissed.
Case Title: Sukhdev Singh and Others Versus Jaswinder Kaur
Citation: 2022 LiveLaw (PH) 230