Andhra Pradesh High Court Rules Against DNA Testing of Children in Matrimonial Disputes |

Andhra Pradesh high court’s recent judgement holding that a DNA test of children should not be ordered in a mechanical manner in matrimonial disputes highlighted the importance of protecting the rights of children. The high court said that children should not be used as pawns to settle disputes between the parents and a man cannot seek DNA test of his children to prove his wife’s infidelity. Background of the Case The case arose from a long-pending matrimonial dispute between a husband and wife from the Vizianagaram district. The husband filed HMOP No. 45 of 2019 before the Senior Civil Judge, Vizianagaram, seeking divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955. During the pendency of the divorce petition, the husband moved I.A. No. 553 of 2022 under Section 45 of the Indian Evidence Act, seeking a DNA test of his two children. He claimed the test 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 dismissed the DNA test application on July 10, 2024, citing potential social stigma and settled Supreme Court law discouraging mechanical use of DNA tests involving children. Challenging this refusal, the husband approached the Andhra Pradesh High Court through a Civil Revision Petition under Article 227 of the Constitution. Appellant’s arguments The husband contended that the trial court erred in dismissing his application for DNA testing. His counsel Krishna S argued that a DNA test would help uncover the truth regarding the paternity of children. Denial of such scientific evidence would deprive petitioner of a crucial opportunity to substantiate his allegations.Krishna argued that petitioner’s right to fair trial and justice cannot be denied by considering the right to privacy of his wife and the children. He argued that their right to privacy was not absolute. According to him, ordering a DNA test would not cause any prejudice to his wife or children as it will only uncover the truth in a matrimonial dispute where infidelity was alleged. Response of the respondent The wife opposed the plea, arguing that the divorce petition was only on the ground of desertion, but not adultery. Her counsel A Sai Naveen stated that subjecting the children to DNA testing would violate their privacy and dignity. He said that when the children are not parties to the dispute between the parents, a DNA test of children should not be ordered. Naveen relied on recent Supreme Court judgments in which the apex court cautioned courts below, against permitting DNA tests that could have damaging social and psychological consequences for children, including the risk of questioning their legitimacy.High Court’s analysis Considering the arguments on both sides, the high court judge, Justice Tarlada Rajasekhar Rao noted upholding the respondent’s (wife) arguments that the divorce petition was filed on the ground of desertion, but not adultery. Also, the children were not parties to the lis, nor were they claiming maintenance or any legal benefit. The high court also referred to multiple Supreme Court rulings, including Goutam Kundu v. State of West Bengal, Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, and R. Rajendran v. Kamar 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 observed that DNA tests should not be ordered routinely or merely to support allegations of infidelity. He said that the child’s interests, identity, privacy, and social standing must take precedence over the disputes of parents.The high court also rejected the argument that refusal of DNA testing violated the husband’s right to fair trial, holding that the right to fair trial of one party cannot override the fundamental rights and best interests of a third party, especially a child.Legal significance This judgment by AP high court reinforces legal principles that DNA tests of children are an exception, not the rule, especially in matrimonial disputes. It also emphasises that the courts must apply a child-centric approach, not a parent-centric one. The allegations of adultery must be proved through independent evidence and not by subjecting children to intrusive scientific tests.It also reiterates the continuing relevance of Section 112 of the Evidence Act in protecting the legitimacy of children. The final order The Andhra Pradesh High Court dismissed the Civil Revision Petition, upholding the trial court’s refusal to order DNA testing. It also imposed costs of Rs 3000 on the petitioner, payable to the District Legal Services Authority within three weeks and directed recovery of the amount, including coercive steps if necessary.Key takeaways from the judgment

Why this mattersThis ruling is significant because it strengthens judicial safeguards around children’s rights in family court litigation. With DNA testing becoming more accessible, courts are increasingly required to draw firm boundaries on its use.The judgment sends a clear message that truth-seeking in matrimonial disputes cannot come at the cost of a child’s dignity, legitimacy, and social well-being, and that parental conflicts must be resolved without inflicting irreversible harm on children.

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