The Madhya Pradesh High Court has upheld an order of the Family Court allowing the husband’s application to conduct a DNA test to prove the fact of adultery of the wife while noting that there was a clear pleading of non-access at the time when the child was conceived.

The High Court was considering a petition filed by the petitioner-wife, challenging the order of a Family Court allowing the application of the respondent-husband to conduct Deoxyribonucleic Acid Test (DNA Test) to determine whether the girl child born during wedlock of the parties to the marriage was biological child of the respondent-husband.

The Single Bench of Justice Justice Vivek Jain noted, “It is further pleaded that the child was born within 8 months of October, 2015 and there is clear pleading of non-access at the time when the child was conceived.”

“Therefore, in the considered opinion of this Court, it is a fit case where DNA test of the child should have been ordered by the Family Court and the Family Court has not erred in ordering DNA test of the child”, it held.

Advocate Anuj Pathak represented the Petitioner while Advocate Sheetal Tiwari represented the respondent.

Factual Background

The divorce petition was filed on the ground of adultery. It was a case where the DNA test of the child was being sought only to prove the fact of adultery of the wife.

Reasoning

Referring to the judgments of the Apex Court in R. Rajendran v. Kamar Nisha (2025) and Dipanwita Roy v. Ronobroto Roy (2015), the Bench stated, “From a perusal of the aforesaid judgments, it is clear that in case where necessary pleadings are there and no declaration is sought regarding illegitimacy of the child and the issue only relates to adultery of the wife then in appropriate cases, DNA test can be ordered, and if there are sufficient pleadings of non-access.”

The Bench took note of the pleadings in the divorce petition wherein the respondent husband pleaded that he is in the Indian Army and he was called in October, 2015 by the wife, who was a Constable in the MP Police. Within four days, he was informed by his wife that she was pregnant and had conceived a child, which could not have been known to the wife within four days of the husband returning from his duty in the army. There was also a clear pleading of non-access at the time when the child was conceived.

The Bench thus held, “Therefore, in the considered opinion of this Court, it is a fit case where DNA test of the child should have been ordered by the Family Court and the Family Court has not erred in ordering DNA test of the child. This is the third divorce petition and the first divorce petition was scuttled by the wife on the assertion that she intends to seek divorce by mutual consent.Then the application for mutual consent was filed in which the wife did not appear for second motion and now this third divorce petition has been filed which is also pending since the year 2021.”

Thus, dismissing the petition, the Bench upheld the order of the Family Court.

Cause Title: A v. B (Case No.:MP-5428 of 2023)

Click here to read/download Order


Madhya Pradesh High CourtJUSTICE VIVEK JAIN

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.