‘Mere paternity dispute not enough’: Kerala High Court refuses to order child’s DNA test

The Kerala High Court has ruled against ordering a DNA test in a paternity dispute case, stating that such a test cannot be ordered routinely without initial evidence that the spouses were unable to communicate during the relevant period. Justice Jobin Sebastian dealt with a plea in connection with a domestic violence case where the husband requested a direction for the child's DNA test to establish paternity.

The court emphasized that a DNA test should only be directed in appropriate cases where the court finds it necessary for resolving the dispute, and that unless non-access between the spouses is prima facie established, evidence cannot be permitted to disprove paternity. The husband contested the child's paternity, arguing that the woman had agreed to the DNA test during mediation.

However, the trial court dismissed the husband's application. The high court noted that domestic violence proceedings are meant to address allegations of abuse and provide legal relief, not to determine biological parentage. Since there was no evidence showing the husband had no access to the wife during the relevant period, the presumption of the child's legitimacy under the Indian Evidence Act applied.

The court explained that Section 112 of the Indian Evidence Act protects the legitimacy of children born during a valid marriage, concluding that the presumption of legitimacy remained unless non-access was proven. Therefore, the high court upheld the trial court's decision to refuse the DNA examination and dismissed the petition.