Mere Suspicion Regarding Paternity Cannot Justify DNA Test of Child: Jharkhand High Court
Sanjay Singh Munda v. State of Jharkhand
Facts:
The petitioner married Opposite Party No. 2 on 17 April 2023. A child was born in July 2023, approximately three months after the marriage. The petitioner doubted the paternity of the child and filed an application before the Family Court seeking a DNA test. The Family Court rejected the application, stating that there was no sufficient ground to order such testing. Aggrieved by this decision, the petitioner filed a criminal revision petition before the Jharkhand High Court challenging the order of the Family Court.
Question Before the Court:
The main question before the Court was whether a DNA test of a child can be ordered merely on suspicion regarding paternity and whether the Family Court was justified in rejecting the petitioner’s request.
Court’s Observation:
The Court observed that the petitioner had not produced any supporting evidence and had directly sought a DNA test based only on suspicion. The Court stated that DNA testing cannot be ordered as a routine procedure. It emphasized that under Section 112 of the Indian Evidence Act, a child born during the subsistence of a valid marriage is presumed to be legitimate unless strong evidence is produced to rebut the presumption. The Court further noted that ordering DNA tests without compelling reasons may negatively affect the psychological well-being, dignity, and social status of the child. The Court also highlighted that the burden of proof lies on the party making the allegation.
Holding:
The High Court held that the Family Court had passed the order correctly and found no reason to interfere with it. The revision petition was therefore dismissed. The Court reaffirmed that DNA testing should be ordered only in exceptional and necessary circumstances
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