Keywords: DNA test, Evidence
In a recent ruling, the Kerala High Court affirmed the decision of a lower court to order a DNA test to establish the paternity of a child, whose birth allegedly occurred during a long period of cohabitation between a man and a woman. The court maintained that when there is sufficient evidence indicating the cohabitation of a couple, and no material supporting claims of immoral conduct by either partner, a prayer for DNA determination cannot be disregarded.
The single-judge bench, presided over by Justice Mary Joseph, stressed the potential social consequences of rejecting an order of this nature. Refusing to ascertain paternity would not only stigmatize the child as a “bastard” but also subject both the child and the mother to societal judgement and derogatory labels, such as “immoral.”
The case before the court involved a man who challenged an order from the Family Court, Ernakulam, directing him to undergo a blood test for DNA verification. The child’s mother testified that she and the man had fallen in love and lived together as husband and wife. During their cohabitation, she became pregnant, but when she informed the man, he sent her back to her place. Although the man initially promised to marry her and provide financial support, the woman later discovered that he had married another woman.
Initially, the man supported both the woman and the child financially, but he subsequently stopped providing money. As a result, the woman had to seek assistance from authorities. She argued that their extended period of cohabitation bestowed upon her the status of the man’s wife, rendering his subsequent marriage void from the beginning.
The man, however, countered the woman’s claims by alleging that she had a notorious reputation for leading a promiscuous lifestyle and blackmailing men for money. He also invoked his right to privacy, contending that he should not be subjected to the harassment of a DNA test.
The high court acknowledged the presence of photographs on record that indicated the couple’s cohabitation. Furthermore, the court noted that the man had admitted to providing Rs 60,000 as maintenance to the woman. “If the respondent was not in cohabitation with the 1st petitioner and the 2nd petitioner was not born to him in the cohabitation as contended by him, he need not have to pay any money to them as maintenance allowance,” the court stated.
The court further emphasized that even an illegitimate child is entitled to maintenance allowance, making the establishment of paternity a crucial aspect. Consequently, the court dismissed the man’s petition against the lower court’s order, upholding the decision to conduct a DNA test.
The ruling by the Kerala High Court affirms the importance of establishing paternity in cases where there is a prima facie case of cohabitation, and no evidence of immoral conduct is presented. The decision aims to protect the rights and well-being of children, ensuring they receive the necessary financial support, regardless of their legitimacy.[1]
Written by- Jaydeep Ramani, College name – Veer Narmad South Gujarat University , Semester- 7 an intern under Legal Vidhiya
[1] https://www.news18.com/india/if-paternity-test-is-denied-despite-proof-of-couples-long-cohabitation-child-will-be-stigmatised-kerala-hc-8328973.html
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