The Allahabad High Court recently ruled that a man must either pay maintenance to his children or undergo a DNA test to prove his claim that he was not their father.
The case arose after the man challenged a family court order from November 2021, which directed him to undergo a DNA test. His wife had filed an application under Section 125 of the Code of Criminal Procedure (CrPC), seeking maintenance for their children.
The husband argued that the woman was not his legally wedded wife, as she had been married earlier to another man who had been missing for several years. He also claimed that no court can compel a person to undergo a DNA test without consent.
On the other hand, the wife stated that she married the petitioner in 2007, and they have two children together. She also said the man bore the expenses for the deliveries of both children. The Court was also informed of allegations that the father’s name in the children’s school records was altered illegally, for which a criminal complaint had been filed.
While deciding the case, the Court examined Section 53 of CrPC, which clarifies that “examination” includes DNA profiling. This provision, added in 2005, allows scientific tests such as DNA, blood, semen, hair, and sweat analysis for evidence.
The Court stressed that in paternity disputes, the best interest of children must come first, and the right to maintenance is a fundamental human right. Referring to the Universal Declaration of Human Rights, the Court highlighted that denying maintenance over paternity disputes would violate children’s right to food, shelter, education, and healthcare.
The Court further observed that the man cannot deny paternity while also refusing a DNA test. “If he doubts paternity, the only way to prove it is through DNA testing. DNA tests cannot be compared with Narco analysis, as Section 53 CrPC clearly includes DNA profiling,” the Court said.
Finally, the Court ordered the man to either pay maintenance or undergo a DNA test. If he refuses, an adverse inference under Section 114 of the Indian Evidence Act, 1872 will be drawn against him.
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