Andhra Pradesh The recent judgment of the High Court that DNA testing of children should not be ordered in a mechanical manner in matrimonial disputes highlights the importance of protecting the rights of children. The High Court said that children should not be used as pawns to settle disputes between parents and a man cannot undergo DNA test of his children to prove his wife’s infidelity. Background of the case The case arose out of a long pending matrimonial dispute between a husband and wife from Vizianagaram district. The husband filed HMOP No. 45 of 2019 before the Senior Civil Judge, Vizianagaram, seeking divorce on the grounds of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955. During the pendency of the divorce petition, the husband moved IA No. 553 of 2022 under Section 45 of the Indian Evidence Act, seeking DNA testing of his two children. He claimed that testing was necessary to establish that he was not the biological father, alleging that the children were born out of his wife’s adulterous relationship. The trial court rejected the DNA testing application and reached a settlement on July 10, 2024, citing potential social stigma. Supreme Court Legislation discouraging the mechanical use of DNA tests involving children. Challenging this denial, the husband approached the Andhra Pradesh High Court through a civil revision petition under Article 227 of the Constitution. Appellant’s arguments The husband argued that the trial court erred in rejecting his application for DNA testing. His lawyer Krishna S argued that the DNA test would help reveal the truth about the paternity of the children. Denying such scientific evidence would deprive the petitioner of an important opportunity to prove its allegations.Krishna argued that the petitioner’s right to fair trial and justice cannot be denied by considering the right to privacy of his wife and children. He argued that his right to privacy is not absolute. According to him, ordering the DNA test would not cause any prejudice to his wife or children as it would only reveal the truth in the marital dispute where infidelity was alleged. defendant’s answer The wife opposed the petition, arguing that the divorce petition was only on the grounds of desertion, but not on the grounds of adultery. Their lawyer A Sai Naveen said that conducting DNA tests on children would be a violation of their privacy and dignity. He said that when children are not parties to the dispute between parents, DNA test of children should not be ordered. Naveen relied on recent Supreme Court judgments in which the top court had warned courts below against allowing DNA tests, which could have harmful social and psychological consequences for children, including the risk of their validity being questioned.High Court analysis Considering the arguments of both the parties, the High Court judge, Justice Taralada Rajasekhar Rao, upheld the arguments of the respondent (wife) and held that the divorce petition was filed on the grounds of desertion, but not on the grounds of adultery. Additionally, the children were not parties to the suit, nor were they claiming maintenance or any legal benefits. The High Court also cited several Supreme Court decisions including Gautam Kundu Vs. State of West Bengal, Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia, and R. In Rajendran v. Qamar Nisha the court reiterated that there is a strong presumption of legitimacy under Section 112 of the Evidence Act for children born during a valid marriage. Justice Rao said DNA testing should not be ordered routinely or only to support allegations of infidelity. He said the child’s interests, identity, privacy and social standing should be given priority over parental disputes.The High Court also rejected the argument that refusal to undergo DNA testing violates the husband’s right to a fair trial, holding that a party’s right to a fair trial cannot override the fundamental rights and best interests of a third party, especially a child.legal significance This decision of the AP High Court reinforces the legal principles that DNA testing of children is an exception, not the rule, especially in matrimonial disputes. It also emphasizes that courts should adopt a child-centric approach, not a parent-centric one. Allegations of incest must be proven through independent evidence, not by subjecting children to intrusive scientific tests.It also reiterates the continued relevance of section 112 of the Evidence Act in protecting the legitimacy of children. last order The Andhra Pradesh High Court dismissed the civil revision petition, upholding the trial court’s refusal to order DNA testing. It also imposed a fine of Rs 3000 on the petitioner, payable to the District Legal Services Authority within three weeks and directed recovery of the amount including taking coercive steps if necessary.Highlights from the decision

Why does it matter?This judgment is significant as it strengthens judicial safeguards around the rights of children in family court litigation. As DNA testing becomes more accessible, there is an increasing need for courts to create strict limits on its use.The judgment sends a clear message that the pursuit of truth in matrimonial disputes cannot be done at the expense of the dignity, legitimacy and social welfare of the child, and that parental disputes must be resolved without causing irreversible harm to children.

Judgment referred to:

Read the full decision: