The Allahabad High Court has refused to grant relief to a man who secretly took his daughter’s blood sample for a private DNA test in an attempt to deny paternity and avoid paying maintenance. The court dismissed his plea, stressing that the presumption of legitimacy of a child born during marriage is conclusive under Section 112 of the Indian Evidence Act.
Case Background
The applicant, Dr. Ifraq @ Mohammad Ifraq Husain, married Smt. Shazia Parveen on November 12, 2013, as per Muslim rites. The couple lived together until 2017, after which the wife left her matrimonial home due to alleged dowry harassment and mistreatment.
In 2019, Shazia Parveen approached the court seeking maintenance for herself and her two daughters. While the proceedings were ongoing, Husain secretly collected a blood sample from one daughter and sent it to a private DNA lab in Hyderabad, which issued a certificate claiming he was not the biological father. He later requested the court to direct fresh DNA tests of both daughters and himself to avoid paying maintenance.
Court’s Observations
The High Court rejected his plea, noting that:
- A child born during a valid marriage is presumed legitimate.
- To rebut this, the husband must establish a strong prima facie case of non-access to the wife. Husain failed to plead or prove this.
- Ordering DNA tests routinely could open a “Pandora’s box” for husbands misusing such tests to deny paternity and maintenance.
- The interest of the child must come first, and children cannot be treated as pawns to prove allegations of adultery.
The court also cited the Supreme Court’s 2021 ruling in Ashok Kumar v. Raj Gupta, which held that DNA tests should not be ordered casually when other evidence exists to resolve disputes.
Verdict
The High Court upheld the earlier order directing the man to pay maintenance to his wife and daughters, ruling that his plea had no merit.
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