Yes, a court can order DNA testing in a maintenance case if the paternity of the child is seriously disputed and the court considers the test necessary for determining the truth. However, DNA testing is not ordered routinely and is directed only in exceptional cases after balancing the rights of the parties and the welfare of the child.
Can a court order DNA testing in a maintenance case?
Yes. In maintenance proceedings, whether filed under the Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to the former Section 125 CrPC), personal laws, or other applicable statutes, a court may direct DNA testing if the biological relationship between the child and the alleged father is a material issue.
The court exercises this power cautiously because DNA testing affects the privacy and dignity of the parties and may have serious consequences for the child’s legitimacy and social status.
When will the court order a DNA test?
A maintenance court may direct DNA testing where:
- The alleged father specifically disputes the paternity of the child.
- The dispute cannot be resolved through oral or documentary evidence alone.
- A DNA test is necessary for a just decision.
- The application is made bona fide and not merely to delay the proceedings or harass the mother.
- The interests of justice outweigh the right to privacy.
Mere suspicion or bald allegations of infidelity are generally insufficient for directing DNA testing.
Can a husband seek DNA testing to avoid paying maintenance?
A husband may apply for DNA testing if he genuinely disputes that he is the biological father of the child. However, the court will not grant such a request automatically.
The court will examine:
- Whether there is a credible basis for disputing paternity.
- Whether the request is supported by material facts.
- Whether ordering a DNA test is essential for deciding the maintenance claim.
If the application appears to be frivolous or intended only to avoid maintenance obligations, it is likely to be rejected.
What if the mother or child refuses the DNA test?
If the court has passed a valid order directing DNA testing and the mother or child refuses without sufficient justification, the court may:
- Draw an adverse inference against the refusing party, where appropriate.
- Consider the refusal while appreciating the evidence.
- Decide the maintenance case based on the entire evidence available.
However, refusal alone does not automatically establish that the husband is not the biological father.
Presumption of legitimacy
Indian law recognizes a strong presumption in favour of the legitimacy of a child born during a valid marriage. Therefore, courts are slow to order DNA testing unless there are compelling circumstances to rebut this presumption.
The objective is to protect the welfare, dignity, and social status of the child while ensuring that justice is done.
Important Supreme Court Judgments
The Supreme Court of India has laid down guiding principles regarding DNA testing in family and maintenance disputes.
1. Goutam Kundu v. State of West Bengal (1993)
The Supreme Court held that:
- DNA or blood tests should not be ordered routinely.
- There must be a strong prima facie case.
- The court should carefully consider the impact on the child before directing such testing.
2. Banarsi Dass v. Teeku Dutta (2005)
The Court observed that DNA testing cannot be ordered as a matter of course merely because one party requests it.
3. Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women (2010)
The Supreme Court held that DNA testing should be directed only when it is indispensable for reaching the truth and after balancing the right to privacy against the interests of justice.
4. Dipanwita Roy v. Ronobroto Roy (2015)
The Court held that where DNA evidence is the most effective method of determining a disputed issue, the court may order DNA testing. If a party refuses to comply with such an order, the court may draw an adverse inference.
Conclusion
A court can order DNA testing in a maintenance case when paternity is genuinely disputed and the test is necessary for deciding the claim. However, DNA testing is not granted routinely or merely at the request of the husband. The court must balance the need to discover the truth with the constitutional right to privacy, the presumption of legitimacy, and the welfare of the child. Each application is decided on its own facts, and DNA testing is directed only where it is indispensable for the fair administration of justice.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304