{"id":68481,"date":"2016-09-11T00:03:47","date_gmt":"2016-09-10T18:33:47","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=68481"},"modified":"2016-10-05T18:24:47","modified_gmt":"2016-10-05T12:54:47","slug":"dna-test-to-determine-paternity-cannot-be-ordered-on-mere-allegation-of-infidelity","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2016\/09\/11\/dna-test-to-determine-paternity-cannot-be-ordered-on-mere-allegation-of-infidelity\/","title":{"rendered":"DNA test to determine paternity cannot be ordered on mere allegation of infidelity"},"content":{"rendered":"

Delhi High Court:<\/strong> A Division Bench of Gita Mittal and I.S. Mehta JJ. evaluated a plea of legitimacy of a child by the husband against the wife. The child was born in October 2013 and the husband contended that he did not have access to his wife since the beginning of the year 2013, whereas, the wife\u2019s contention was that the DNA test of the child cannot be made on a bald allegation of infidelity. The case revolved around the rebuttable presumption of legitimacy attached to a child born of a married woman during subsistence of marriage or within 280 days of its severance.<\/p>\n

The High Court found from the pleadings that the husband had made categorical assertions to the paternity of the child in public records and before the family court. It is only later in the pleadings that the husband had made an equivocal\/unclear allegation of infidelity. The court held such an allegation alone could not call in question the legitimacy of the child. The Court held that the standard of proof required to satisfy Section 112 of the Evidence Act, was very high and that DNA test could not be ordered on a mere allegation by one of the spouses.<\/p>\n

The Court then enlisted established principles to be kept in a judicial mind while deciding with such cases: –<\/p>\n

DNA Testing <\/strong><\/p>\n