Allahabad HC Denies Relief to Man Who Secretly Took Daughter’s Blood Sample for Private DNA Test
The Allahabad High Court recently denied relief to Dr. Ifraq Mohammad Ifraq Husain, who secretly took his daughter’s blood sample for a private DNA test. Dr. Husain sought to deny paternity and avoid paying maintenance to his wife, Smt. Shazia Parveen, and their daughters.
Dr. Husain and Smt. Parveen were married on November 12, 2013, following Muslim rites. Their relationship lasted until 2017 when Smt. Parveen moved in with her parents due to alleged mistreatment over insufficient dowry. In July 2019, she sought maintenance for herself and her daughters.
Dr. Husain claimed his wife had an extramarital affair and led an adulterous life. To support his claim, he secretly took a blood sample from one of his daughters and sent it to a private DNA lab in Hyderabad. The lab results stated he was not the biological father.
Subsequently, Dr. Husain requested the court to order his wife and daughters to provide samples for a court-ordered DNA test to exempt him from paying maintenance. When his plea was rejected, he moved to the High Court for a fresh DNA test.
The court emphasized the presumption of a child’s legitimacy when born within a marriage, regardless of the timing. It stated that a husband must provide a strong prima facie case of non-access to his wife to challenge this presumption under Section 112 of the Evidence Act.
The court referred to the Supreme Court’s 2021 ruling in Ashok Kumar v. Raj Gupta, which advised against ordering DNA tests when other evidence can prove or dispute the relationship between spouses.
Dr. Husain failed to prove he had no access to his wife from 2013 to 2017. The court noted that routine DNA tests could lead to misuse by husbands challenging paternity. It stressed that decisions on DNA tests should consider the child’s perspective, not just the parent’s, and rejected using the child as evidence of the mother’s alleged adultery.
The court also dismissed Dr. Husain’s plea to overturn the order directing him to pay maintenance to his wife and daughters.
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