Keywords: DNA, High Court, Divorce, Adultery.
The Rajasthan High Court has recently dismissed a divorce proceedings application from the husband, wherein he sought to present a DNA test as evidence to establish that he was not the biological father of a child born during their marriage.
Justice Pushpendra Singh Bhati ruled that a DNA paternity test could only be carried out in extraordinary circumstances, emphasizing that the child should not be weaponized to obtain a divorce solely on the grounds of adultery established through a DNA test.
“It is high time that the society and law realize the importance of the child and childhood vis-a-vis the matrimonial disputes, as losing and winning in a marriage is having a dwarfed impact, when it is compared with losing of childhood, in terms of victimizing the child or sacrificing his constitutional right of dignity, at the altar of matrimonial conflicts,” the Court stated.
The case pertained to a petition challenging a family court’s decision to reject the husband’s plea for amending the divorce petition in light of the DNA paternity test results of their son
Considering the circumstances, the Court determined that the DNA test encroached upon the child’s rights, which encompassed potential impacts on their property rights, their ability to live a dignified life, their right to privacy, and their entitlement to experience the confidence and happiness that comes from receiving love and affection from both parents.
Justice Bhati dismissed the husband’s plea, affirming that when faced with a choice between preserving the sanctity of marriage and safeguarding the sanctity of childhood, the Court had no alternative but to prioritize the protection of the child’s innocence and well-being.
Written By- Muskan Vyas, Legal Journalist under Legal Vidhiya
