Can't Entertain Plea For Conducting DNA Test Of A Person Unless His Birth Documents/ School Records Are Under Challenge: Tripura High Court

The Tripura High Court has recently held that unless and until there is an explicit challenge to birth documents and school records of a person, a plea for conducting his/ her DNA test cannot be entertained by the Court.

Justice T. Amarnath Goud was adjudicating upon a plea wherein the case of the petitioner was that the respondent (Partha Ghosh) was not the son of the deceased Kshitish Ghosh and under the garb of certain wills purportedly executed by the latter, the respondent had been selling the properties which were in dispute before the trial court.

The plea had further prayed for directions to allow the conduct of a DNA test, an application for which had been dismissed earlier. 

Refusing to allow the plea for conducting a DNA test, the Court observed, 

"Unless and until there is a challenge to the birth documents and school register to show that Kshitish Ghosh is not the father of the first respondent, Partha Ghosh, there cannot be any direction to get the DNA of first respondent tested to declare whether he is the son of the deceased Kshitish Ghosh and Fulu Rani Ghosh or not."

During the proceedings, the counsel for the petitioner submitted that the respondent had been disposing of the disputed properties to third parties and that nothing would remain for the petitioners who are siblings if they were to succeed before the trial court.

On the other hand, the counsel for the respondent contended that the respondent is the son of the deceased Kshitish Ghosh and his spouse Fulu Rani Ghosh and that all his documents such as school records, birth certificate also indicate so. Reliance was also placed on the Supreme Court judgment in Goutam Kundu v. State of W.B and Another wherein it had been held that blood test needs to be conducted to prove the genuineness of parents.

Pursuant to a perusal of the rival submissions, the Court observed that it is not in dispute that the petitioner is aware that all documents of the respondent such as Birth Certificate, School Records, certificate from Revenue Department, Aadhar Card, Ration Card and the certificate issued by the Magistrate all reflect that the respondent is the son of Kshitish Ghosh and Fulu Rani Ghosh. Accordingly, the Court held that the petitioner has to first prefer a challenge to these documents before a plea for DNA testing can be entertained. 

The Court further refused to make any observations on the disputed facts and accordingly remarked, 

"It is not for this court to go into the disputed question of facts when appropriate remedy is available to the parties. The concern expressed by the petitioners who are the siblings of the deceased that they have the vested right and interest over the properties of their biological brother as legal heirs and nothing remains if the first respondent and his spouse proceeds alienating the properties and create third party interest. It is not for this court to decide this aspect."

Accordingly, the Court granted liberty to the petitioner to move applications before the concerned court seeking appropriate remedy in support of their claim to protect the disputed properties.

Case Title: Nirmal Ghosh v. Partha Ghosh 

Case Citation: 2022 LiveLaw (Tri) 2

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