MP High Court Upholds DNA Test for Child in Divorce Case Amid Infidelity Allegations

Jabalpur, Madhya Pradesh: The Madhya Pradesh High Court has upheld a family court’s order directing a DNA test for a minor child in a divorce case, clarifying that the test is intended to investigate allegations of infidelity, not to challenge the child’s legitimacy or legal status. Justice Vivek Jain rejected the wife’s petition opposing the DNA test.

Purpose of the DNA Test
The court emphasized that the test aims solely to examine the husband’s claim of adultery, and is not intended to demean the child. The DNA test may be ordered if the husband can provide evidence that he had no physical contact with his wife during the time the child was conceived.

Implications if Wife Refuses Test
The court noted that if the wife refuses to provide DNA samples, the family court may draw inferences against her under Section 114(h) of the Indian Evidence Act or relevant provisions of the BSA 2023. This means the court could accept the husband’s claims as true if she refuses to cooperate.

Background of the Case
The case concerns a divorce petition filed on grounds of infidelity. The husband, an Indian Army officer, argued that his wife, a police constable, informed him in October 2015 that she was pregnant just four days after his brief visit home. Medical advice indicates it is impossible to confirm pregnancy within such a short period. Moreover, the child was born earlier than expected, when the husband was not at home. Consequently, the husband requested a DNA test to establish paternity.

Previous Court Proceedings
This is the couple’s third divorce petition. The first, filed in 2019 by mutual consent, was withdrawn. The second, also in 2019, did not proceed as the wife failed to appear. The current petition, filed in 2021, revolves around allegations of infidelity. On 22 August, the family court ordered the DNA test, which the wife challenged in the High Court.

Arguments from Both Sides
The wife’s lawyer, Anuj Pathak, contended that the DNA test would violate privacy, autonomy, and identity rights, and cited Section 112 of the Indian Evidence Act, which presumes the legitimacy of a child born within a valid marriage. He argued that courts should prioritize the child’s best interests and avoid exposing the child to familial disputes that could tarnish their future.

Conversely, the husband’s lawyer, Sheetal Tiwari, argued that the challenge was an attempt to obstruct the proceedings and suppress critical facts. He highlighted that the husband’s army duties limit his home visits, while the wife serves in the Madhya Pradesh Police. Medical evidence supports that pregnancy cannot be detected within four days. The court agreed that when credible evidence shows the husband was absent during conception, a DNA test is appropriate to ascertain the truth.