Man claims elderly couple are his parents, Karnataka High Court rejects DNA test plea

A 44-year-old man has been denied permission by the Karnataka High Court to conduct a DNA test to prove that an elderly couple in their 70s are his parents. The court ruled that DNA tests cannot be used as a fishing expedition or to establish basic facts in a paternity claim. Justice Vijaykumar A. Patil emphasized the invasive nature of such procedures, particularly when conducted against elderly individuals.

The petitioner had initially filed a lawsuit in 2012, claiming that the respondents were his biological parents and seeking legal rights as their son. However, the trial court denied his application for a DNA test, citing the lack of a prima facie case. The high court reiterated that a strong prima facie case must be established before a DNA test can be ordered, and such tests should not be used as a means of conducting an investigation.

The court also considered the privacy, dignity, and legitimacy of the parties involved and the requirement of a strong case for "non-access" when seeking to displace the statutory presumption of legitimacy. The petitioner had failed to provide evidence establishing the alleged marriage between the respondents and had not examined key witnesses, such as the grandparents, who could have provided relevant information about his birth circumstances.