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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, CJ, PANKAJ PUROHIT
Sunil Singh – Appellant
Versus
Anju Gupta Singh – Respondent
| Table of Content |
|---|
| 1. appellant's request for dna testing in family law. (Para 1 , 2) |
| 2. arguments for necessity of dna testing. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on legitimacy and privacy concerns. (Para 7 , 8 , 9 , 10) |
| 4. final decision to dismiss the appeal. (Para 11 , 12) |
JUDGMENT :
MANOJ KUMAR TIWARI, CJ.
1. This appeal from order has been preferred under Section 19 of the Family Courts Act, 1984 against judgment and order dated 16.12.2025 passed by learned Principal Judge, Family Court, Nainital in Civil Suit No.208 of 2022 Sunil Singh vs. Anju Gupta Singh, whereby, application filed by appellant seeking permission for conducting DNA examination has been rejected.
2. The facts, in brief, giving rise to the present appeal are that appellant–husband instituted a matrimonial proceeding under Section 13 of the Hindu Marriage Act before learned Principal Judge, Family Court, Nainital against respondent no.1–wife, inter alia alleging matrimonial misconduct including adultery. During the pendency of said proceedings, appellant moved an application (paper No.78-C dated 29.09.2025) before learned Family Court seeking direction for conducting DNA examination of the minor child. The sa
DNA examination in familial disputes requires strong evidence of non-access to protect the legitimacy and rights of the child, reinforcing the need for a careful balance between evidentiary purposes ....
Paternity of child – DNA testing is the most legitimate and scientifically perfect means which husband could use to establish his assertion of infidelity.
A court may order a DNA test to determine paternity when there is a prima facie case, especially to protect the legitimacy of a child born during marriage.
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.
(1) DNA test – Paternity of child – Any Matrimonial (Civil) dispute between husband and wife pertaining to child born from wedlock, cannot be used for their own benefit by way of DNA Paternity Test, ....
DNA test is intended to rebut `conclusive proof’ provided under Section 112 of Evidence Act.
(1) Order directing that a minor child be subjected to DNA test should not be passed mechanically in each and every case.(2) Questions as to illegitimacy of a child, are only incidental to the claim ....
DNA testing for paternity must prioritize the child's rights and cannot be used solely to prove allegations against the parent.
The paramount interest of the child and the cautious approach required for ordering DNA tests in paternity disputes.
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