Allahabad High Court Refuses To Order Child's DNA Test For Husband To Establish Adultery Allegations Against Wife

The Allahabad High Court has refused to order the DNA test of a child on the plea of a man seeking to prove adultery allegations he levelled against his wife by demonstrating that the child was not his legitimate son.

The child in question was born within 9 months of the man's marriage with his wife (respondent).

A bench comprising of Justices Saumitra Dayal Singh and Rajendra Kumar-IV however observed that there were no pleadings to the effect that the parties had not known each or met each other before marriage. It held,

"Qua the allegation of adultery being levelled by the appellant, the burden to establish the same remains on the appellant. He cannot seek to lighten that burden by forcing the opposite party to lead evidence as may not only demolish the defence, if any of the opposite party but also be read as evidence that may prove the case of the appellants."

The Court distinguished the principle laid down by the Supreme Court in Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik & another, as in that case, DNA test report had already been received in evidence and had been proven on record. Thus, the Supreme Court had held that “presumption available under Section 112 of the Indian Evidence Act, 1872 is rebuttal, and that in face of the medical expert opinion of DNA test report, that presumption stood rebutted, in the facts of that case.”

However, in the present case, no DNA report was available to apply the aforesaid principle.

Court also held that the proceeding being the civil proceeding and not a criminal trial or enquiry or investigation, it is not for the Court itself to direct the parties to lead any particular evidence.

Accordingly, the appeal was dismissed.

Case Title: Sachin v. Sangeeta Devi [FIRST APPEAL No. - 960 of 2023]

Case citation: 2023 LiveLaw (AB) 320

Counsel for Appellant: Ramesh Singh Kushwaha, Sushil Kumar Kushwaha

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