Allahabad High Court: Take a DNA Test or Pay Child Support
The Allahabad High Court has ruled that a man must either undergo a DNA test or provide financial support for his children after he denied being their father.
The case came before the Court after the man challenged a family court’s 2021 order directing him to take a DNA test. He had refused to pay child maintenance, claiming the children were not his.
Legal Background and Arguments
The case stemmed from a petition filed by the man’s wife under Section 125 of the Code of Criminal Procedure (CrPC), which mandates maintenance for children. The man argued that the woman was not his legal wife, as she was previously married to someone who had been missing for years. He also claimed that a court could not force him to take a DNA test without his consent.
However, the wife stated that she married the man in 2007 and that they had two children together. She further alleged that he had paid for all expenses related to their birth. Additionally, she accused him of conspiring with a school headmistress to change the father’s name on school records, leading to a criminal complaint.
Court’s Decision on DNA Testing
The Court examined legal principles regarding DNA tests in paternity disputes. It referred to Section 53 of the CrPC, which allows medical examinations, including DNA profiling, when required for a case.
The Court noted that DNA profiling was officially recognized as a valid legal examination after an amendment in 2005. The law permits the collection of blood, semen, hair, and other biological samples for scientific testing.
The Court emphasized that the best interests of the children must always come first in such cases. It stated that denying child maintenance due to unresolved paternity issues would be a violation of basic human rights.
“The Universal Declaration of Human Rights guarantees a standard of living that includes food, housing, and medical care. Children need financial support for their growth and well-being,” the Court noted.
Final Verdict: DNA Test or Legal Consequences
The Court ruled that the man could not refuse both the DNA test and the responsibility of paying maintenance. If he doubted paternity, the only legal way to prove it was through DNA testing. The Court clarified that a DNA test was different from a narco test, which requires consent.
The Court ordered the man to either pay maintenance or undergo the DNA test as per the family court’s directive. If he refused both, the Court warned that an adverse inference could be drawn against him under the Indian Evidence Act.
“This Court hereby orders the applicant to either provide maintenance or undergo a DNA test. Otherwise, legal consequences under Section 114 of the Indian Evidence Act, 1872 may follow,” the Court concluded.
This ruling reinforces the principle that children’s well-being should always be a top priority in legal disputes.
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