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A. MUHAMED MUSTAQUE, KAUSER EDAPPAGATH
Tintu Poulose – Appellant
Versus
Kurian John, S/o. John Kurian – Respondent
JUDGMENT :
Dr.Kauser Edappagath, J.
Ext.P4 order passed by the Family Court, Ernakulam dismissing the application to send the parties for DNA paternity test is under challenge in this original petition. The 1st petitioner is the wife of the 2nd petitioner. The respondent is the former husband of the 1st petitioner. The marriage between the 1st petitioner and the respondent was dissolved by a decree of divorce on 30.03.2019. Even before that, the 1st petitioner and the 2nd petitioner were living together and the 3rd petitioner was born in the said relationship on 13.08.2018. Since the 3rd petitioner was born during the subsistence of the marriage between the 1st petitioner and the respondent, the petitioners have filed O.P.NO.130/2020 before the Family Court for a declaration that the 3rd petitioner is the son of the 2nd petitioner.
2. In order to prove the paternity of the 3rd petitioner, the petitioners have moved an application as Ext.P3 before the court below to conduct a DNA paternity test to prove that the 2nd petitioner is the biological father of the 3rd petitioner. The court below as per Ext.P4 order dismissed the said petition with the following observation:
DNA test is intended to rebut `conclusive proof’ provided under Section 112 of Evidence Act.
A DNA test to ascertain paternity is unnecessary when paternity has been admitted and there are no substantial reasons to question it.
DNA tests in paternity disputes must be supported by strong prima facie evidence and should not be ordered routinely, respecting the presumption of paternity under Section 112 of the Evidence Act.
The court emphasized that the legality of DNA tests hinges on balancing personal privacy rights against the need for evidentiary certainty in matters of legitimacy.
DNA testing is essential in paternity disputes and can override legal presumptions of legitimacy under the Evidence Act.
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
A DNA test can be mandated in family law disputes involving paternity when there is a strong prima facie case and an eminent need for the test, particularly in the context of allegations of unchastit....
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