The Rajasthan High Court recently rejected a husband’s application in divorce proceedings, asking to bring a DNA test on record to prove that he is not the father of the child they had when they were together in marriage.
Justice Pushpendra Singh Bhati clearly stated that a DNA paternity test could only be allowed to conduct in exceptional cases as no one can use a child as a weapon to get a divorce on the ground of adultery depending on a DNA test.
“This Court thus finds that the requirement of the DNA Paternity Test can only be in the rarest of the rare and exceptional cases while duly keeping in mind the best interest of the child as well as the law laid down by the Hon’ble Apex Court,” recorded by the single-judge.
The Court further said that the mental as well as physical health of the child should be considered above all.
The Court stated, “It is high time that the society and law realize the importance of the child and childhood vis-a-vis the matrimonial disputes, as losing and winning in a marriage is having a dwarfed impact, when it is compared with losing of childhood, in terms of victimizing the child or sacrificing his constitutional right of dignity, at the altar of matrimonial conflicts.”
It was dealing with a plea challenging an order of a family court refusing the husband’s request for making amendments to his divorce petition based on the paternity DNA test of the son.
The husband had not mentioned adultery as a ground for his plea for divorce.
In this context, the Court found that the DNA test was an attack on the rights of a child which may result in affecting property rights, right to lead a dignified life, right to privacy, and also the right to have confidence & happiness to seek their his both parents’ love and affection.
It was also highlighted that prior to a DNA test, it was also necessary for the party to first prove that there was no access between the couple during their marriage time. However, in the current case, the parties were living together during the child’s birth which means they had full access to each other.
The judge further added, “The pain of winning or losing a battle of divorce amongst the contesting spouses is much trivial when compared with the child’s rights of dignity and parenthood.”
Justice Bhati rejected the husband’s plea mentioning that when it comes to choosing between the sanctity of marriage and the sanctity of childhood, the Court had no option left but to go with the sanctity of childhood.
“The parties may or may not lose the marriage, but the spirit of justice cannot afford to lose the child/childhood, as no Court can shut its eyes, so as only to achieve to goal of justice in matrimonial redressals, while losing the battle of parenthood, being detrimental to the childhood.”
The Senior Advocate Sachin Acharya and Advocate Jitendra Chowdhary were the representors of the petitioner.
Source: https://www.barandbench.com/news/litigation/dna-paternity-test-on-child-to-prove-adultery-in-matrimonial-dispute-can-be-allowed-only-in-exceptional-cases-rajasthan-high-court