A valid and legal marriage is not necessary to establish parenthood, and a DNA test can be used to determine biological relationships.

1. Rule. Rule made returnable forthwith and heard learned Advocates for the respective sides finally.

2. Petitioners are challenging the impugned order dated 20/06/2012 passed by the learned Civil Judge, J.D. Kaij, Dist. Beed in RCS No.186/2002, which has been filed by petitioner Nos. 1 and 2 and respondent No.7, for partition and separate possession. They are original plaintiffs in RCS No.186/2002.

3. Contention of the petitioners is that an application at Exh.55 was filed before the learned Civil Judge, J.D. at Kej, Dist. Beed in RCS No.186/2002. It is contended that original plaintiff Nos. 1 and 2 are the children of plaintiff No.3 and defendant No.1, born out of a legal wedlock. Respondent No.1 herein is defendant No.1 in the suit.

4. It thus emerges from the fact situation that the petitioner No.1 and respondent No.7 herein are claiming to be the children of petitioner No.2 and respondent No.1. Respondent No.1 had denied the factum of his wedlock with petitioner No.2. In this backdrop, the petitioners had moved an application Exh. 55 seeking a DNA test of respondent No.1 to prove his paternity.

5. My attention is drawn to Exh. 55 which is at page No.30 of the petition paper book. The noting on the said application reads as:

“Defendants and their learned Advocates are absent when called out. Defendants failed to argue. Hence application to proceed further without their arguments."

6. Learned Advocate for respondent No.1 vehemently states that subsequently respondent No.1 filed his reply below Exh.60 dated 07/01/2009. The defence taken is that there is no specific contention about marriage between the mother (petitioner No.2) of petitioner No.1 and respondent No.1. In view of absence of pleadings about such marriage, no DNA test is required. As per Hindu Marriage Act unless there is a marriage, there can not be a legal presumption of parenthood.

7. Further defence has been taken by respondent No.1 that no divorce is claimed between the concerned parties and the application filed by the petitioners is without adducing proper and sufficient evidence. Expert opinion is always a weak kind of evidence. The application was therefore opposed. The trial court vide the impugned order has rejected the application accepting the contentions of respondent No.1.

8. It is a mis conception that only a valid and legal marriage leads to parenthood. A biological child would equally be an offspring as like a child born out of a legal wedlock. A child born out of relationship between a male and a female will render both to parenthood. Therefore, in the present case, whether there was any legal marriage performed between petitioner No.2 and respondent No. 1 would not be significant when it came to a DNA Test to be performed for establishing paternity of respondent No.1 qua petitioner No. 1 and respondent No. 7.

9. DNA means ‘deoxyribonucleic acid’. DNA structure varies amongst each individual. It necessarily happens to be a basic genetic material in all living humans. It carries a genetic code which can be used for proving human character, body characteristics, behaviour etc. DNA can be found in the human body and samples from semen, hair, blood, flesh can establish a DNA matching with the DNA of another human being.

10. In the case of Bucklyv. Rice Thomas [(1554) 1 Plowden 118] (as quoted by M. Jagannadha Roa, Chief Justice, Kerala High Court, as he then was, in 1993(1) KLT 19) Justice Sauders held, “….if matters arise in our law which concerns others sciences or faculties, we commonly apply for the aid of that science or faculty to which it concerns. This is an honourable commendable thing in our Law. We approve of them and encourage them as things worthy of commendation”. Each human being has a unique DNA pattern which is acquired by inheriting it from the biological parents. It is so identifiable as it carries great similarities to their molecular structure and their genetic code. It is for these reasons that a DNA test is utilized as it can