[i]Rajasthan high court in a landmark judgement refused to allow DNA paternity test to ascertain adultery as a ground for divorce .
The court held that the child cannot be used as a pawn in divorce proceedings and the”sanctity of the child “ cannot be be compromised.
The petitioner marriage was solemnized in 2010 and the son was born on april 13, 2018 after which the wife left home.as the husband were living together at the time of child’s birth and had access to cohabitation .therefore the DNA paternity test could not be allowed and could be done only in exceptional cases.
The court further held that the child cannot be used as a weapon to get divorce on ground of adultery,on the strength of DNA paternity test.
Name : Pratik kumar yadav, College :faculty of law,du ,an intern under legal vidhiya
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