Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test

The Gujarat High Court has directed an 80 year old man to undergo DNA test.

The court upheld an order of Family Court in a suit filed by a person who claimed that the man is his biological father.

A man had filed a suit that, after the death of her first husband, his mother married the defendant, and thereafter they were living as husband and wife openly in the society. It was contended that he was born in this wedlock between the defendant and his mother. It was further alleged that he was represented as son of defendant in the school where he was studying and also applied for certificate of Socially and Economically Backward Class. He was also shown as family member in the ration card, he urged.

If the DNA test is not permitted then in view of the facts that the appellant is of the age of 80 years, the evidence may not be available in case of any untoward incident like death of the appellant happening during the pendency of the suit, Justice AP Thakker said.

The court modified the family Court order and observed that the plaintiff shall deposit Rs.1 Lac before the trial Court, which amount will be liable to be paid to the defendant, if the DNA report does not prove him to be father of the plaintiff, and in case if the report comes positive, the amount may be refunded to the plaintiff. 

The copy of the order is not shared to protect privacy concerns of the parties whose names are mentioned at various places in the order.