While rejecting the request of a man seeking a DNA test of his children to prove allegations of adultery against his wife, the Andhra Pradesh High Court has held that he cannot file an application to send the children for DNA testing, particularly when the children are not claiming any maintenance from the father and the children are not parties to the lis.

The High Court was considering a Petition seeking dissolution of the marital relationship of the parties by way of divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The petitioner had assailed the order rejecting the application for DNA testing of his children.

The Single Bench of Justice Tarlada Rajasekhar Rao held, “The petitioner herein filed an application under Section 45 of the Indian Evidence Act to conduct deoxyribonucleic acid test (DNA for short) of children in order to prove that his wife in adulteration. Even assuming that the wife is committing adultery, the petitioner cannot file an application to send the children for DNA testing particularly when the children are not claiming any maintenance from the father and the adulterer and children are not parties to the lis. To prove that his wife is in adulteration, the petitioner has to adduce evidence in any other manner to that extent. For the purpose of proving the wife is adultery, the petitioner cannot seek a DNA of his children.”

Advocate M.M.M. Krishna Sanapala represented the Petitioner, while Advocate Arrabolu Sai Naveen represented the Respondent.

Factual Background

The petitioner had filed an interlocutory application under Section 45 of the Indian Evidence Act, 1872, to send the two children to the Centre for DNA Finger Printing and Diagnostics, Amaravathi, to know that the petitioner is not the legitimate father of the two children and that the two children were not born in the wedlock of the petitioner along with the respondent wife. The said application was dismissed with the observation that the Apex Court has held that a child cannot be mechanically subjected to DNA tests in every case between warring parents as a short-cut to establish proof of infidelity.

The said order was assailed in the Civil Revision Petition on the ground that ordering a DNA test would not cause undue prejudice to the respondent, as it merely facilitates the discovery of truth when the paternity is directly under challenge and denial of DNA testing deprives the petitioner of a critical piece of evidence necessary to prove his case.

Reasoning

The Bench referred to the judgment of the Apex Court in Goutam Kundu Vs. State of West Bengal and another (1993), wherein it has been held that the Courts should not order blood tests as a matter of course. The Court had also emphasised that ordering blood tests without strong reasons may harm the child’s reputation and social status.“As the Hon’ble Supreme Court has categorically held that unless a strong presumption under the Evidence Act, the child born during the valid marriage should not order blood test as a matter of course”, it added.

Reference was also made to a recent judgment in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2024) wherein it was observed that the child cannot be used as a pawn to show that the mother of the child was living in adultery.

The Bench thus held that to prove that his wife is in adultery, the man cannot seek a DNA test of his children, and he has to adduce evidence in any other manner. Holding that the petitioner failed to make a case, the Bench dismissed the Civil Revision Petition with costs of Rs 3,000, which is ordered to be payable to the District Legal Services Authority within three weeks.

Cause Title: A v. B (Case No.: Civil Revision Petition No.3393 of 2025)

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Andhra Pradesh High CourtJustice Tarlada Rajasekhar Rao

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.