The Madhya Pradesh High Court has upheld a Family Court order directing a DNA test of a minor girl in a matrimonial dispute, ruling that such testing can be permitted when it is essential to determine allegations of adultery. The court emphasized that while the legitimacy of a child is strongly protected by law, scientific testing may be justified when crucial facts in a divorce case depend on it.
Background of the Case
The case arose from a petition filed by Kamla Patel, who challenged a Family Court order passed on August 18, 2022. The Family Court in Jabalpur had allowed an application by her husband seeking a DNA test to determine whether he was the biological father of their daughter born during their marriage.
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The wife argued that such a test would violate the child’s privacy and damage her identity. Her counsel relied on Supreme Court judgments to argue that the law presumes children born during a valid marriage to be legitimate and that courts should not order DNA tests casually.
On the other hand, the husband claimed he had specifically pleaded lack of access during the period when the child was allegedly conceived. He stated that he served in the Indian Army and visited his wife only occasionally. According to him, he was called home in October 2015, and within four days, the wife told him she was pregnant -something he later learned was medically improbable.
The husband also pointed out that this was the third divorce proceeding between the couple, after earlier attempts had failed due to withdrawal and non-appearance.
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Arguments Raised by the Wife
The wife contended that the Family Court’s direction violated the right to privacy of both the child and the mother. She argued that Section 112 of the Indian Evidence Act creates a strong presumption that a child born during marriage is legitimate.
Her counsel submitted that ordering DNA tests could stigmatize a child and harm her social identity. He argued that courts must consider the best interests of the child and cannot allow scientific testing merely at the request of one party.
Husband’s Stand Before the Court
The husband’s counsel argued that the petition concealed important facts, including detailed allegations made in the divorce petition about non-access. He claimed the DNA test was necessary not to question the child’s legitimacy but to establish adultery as a ground for divorce.
He also highlighted medical inconsistencies in the wife’s claim of pregnancy and maintained that the timing of conception and birth raised serious doubts requiring scientific examination.
Court’s Observations
Justice Vivek Jain examined multiple Supreme Court rulings dealing with DNA testing in matrimonial disputes. The court noted that while Section 112 of the Evidence Act protects the legitimacy of children, it does not create an absolute bar on DNA testing in all circumstances.
Referring to precedents, the bench observed that DNA testing may be permitted when allegations of adultery form the core issue in divorce proceedings. The court noted, “DNA testing is the most legitimate and scientifically perfect means to establish allegations of infidelity where other evidence is insufficient.”
The court also stressed the principle of balancing interests. It said courts must first evaluate existing evidence and then consider whether scientific testing is necessary to reach the truth.
The judge further noted that in the present case, the husband had made specific allegations of non-access and provided details about his postings and limited interaction with his wife during the relevant period. The court found these pleadings significant.
The bench clarified that the DNA test was not intended to declare the child illegitimate but only to determine the truth of adultery allegations in the divorce case.
Significance of Pleadings and Evidence
The High Court highlighted that the husband had clearly pleaded non-access during the period of conception and had raised questions about the timeline of pregnancy and childbirth. The court observed that such detailed allegations justified further investigation.
It also took note of the prolonged matrimonial dispute between the parties, including earlier divorce petitions and failed attempts at mutual consent divorce.
Final Decision
The High Court held that the Family Court had not committed any legal error in directing the DNA test. It ruled that the case presented sufficient grounds to permit scientific examination.
Dismissing the wife’s petition, the court upheld the Family Court’s order. It also clarified that if the wife refuses to provide DNA samples, the Family Court would be free to draw adverse presumption under the Evidence Act while deciding the case.
Case Title: Kamla Patel vs Govind Bahadur
Case No.: Misc. Petition No. 5428 of 2023
Decision Date: January 20, 2026
