Can't subject kids to DNA test to prove adultery, says Andhra Pradesh high court

VIJAYAWADA: The Andhra Pradesh high court has ruled that a man cannot ask for a DNA test of his children to prove his wife's adultery, observing that children cannot be used as "pawns" in matrimonial disputes.

The HC also observed that children's right to privacy and identity cannot be sacrificed to benefit one parent's case.In a recent judgement, Justice Tarlada Rajasekhar Rao dismissed a civil revision petition filed by a man from Vizianagaram district, challenging a trial court order that rejected his plea to subject his two children to DNA testing. The man had sought the test while pursuing a divorce petition against his wife on the grounds of desertion under Section 13(1)(ib) of the Hindu Marriage Act.

The petitioner had moved the trial court in 2022, seeking to send the children to the Centre for DNA Fingerprinting and Diagnostics to ascertain if they were were born out of wedlock.Kids not party to matrimonial disputes: HCThe senior civil judge, Vizianagaram, dismissed the plea in July 2024 citing Supreme Court rulings that DNA tests should not be ordered mechanically, as these could stigmatise children and expose them to social ridicule.

Upholding the trial court's decision, the HC relied on a series of Supreme Court judgements to underline that a child born during a valid marriage carries a strong presumption of legitimacy under Section 112 of the Evidence Act. Justice Rajasekhar Rao noted that courts must be reluctant to order DNA tests unless strong reasons exist, as such tests could have "devastating effects" on children. The judge observed that the husband sought divorce only on the grounds of desertion and not adultery, and that even if allegations of adultery were levelled, they had to be proved through other evidence.

Children are not party to the matrimonial dispute and cannot be used as "pawns" to establish claims against a spouse, said the HC.