The Allahabad High Court recently observed that D.N.A. Test is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity.
The Bench of Justice Vivek Agarwal further held,
\”This should simultaneously be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the assertions made by the respondent-husband, and to establish that she had not been unfaithful, adulterous or disloyal.\”
Issue before the Court
The only issue before the Court was, as to whether a Court, in a divorce petition filed by Husband, under Section 13 of the Hindu Marriage Act, 1955 on the ground of adultery, can direct the wife, either to undergo a D.N.A. test or refuse to undergo a D.N.A. test?
Also, in case she elects to undergo a D.N.A. test, then would the findings of the D.N.A. test determine conclusively the veracity of accusation levelled by the petitioner-husband against her?
Further, if wife refuses to undergo a D.N.A. test, then whether a presumption can be drawn by the Court against the wife, that is to say, whether the report of D.N.A. test is just a piece of expert evidence or a conclusive or a substantive piece of evidence.
Background of the Case
A petition under Article 227 of the Constitution of India, was filed by the Wife (Neelam), challenging order dated 22.09.2018 passed by Additional Principal Judge, Family Court Hamirpur under Section 13 of the Hindu Marriage Act, 1955.