‘DNA tests exceptional’: Bombay HC sets aside relief for ‘illegitimate’ son

In a landmark ruling on September 22, the Bombay High Court overturned a Nashik trial court's decision to order a DNA test on the legal heirs of a deceased man. The court deemed the request for the DNA test by the illegitimate son of the deceased, supported by his mother, to be exceptional and deserving of such a test. The High Court emphasized that DNA tests should not be conducted routinely or as a fishing inquiry without sufficient evidence.

The court also warned against using DNA tests as a means of harassment or roving investigation when there is insufficient factual foundation. The court's decision hinged on the principle that DNA tests should only be ordered when there is insufficient evidence to determine the legitimacy of the child, and the court must ensure that the test does not cause harm to the parties involved.