In a landmark ruling, the Allahabad High Court has directed a man to either pay child maintenance or undergo a DNA test to prove his claim that he is not the biological father of two children. The case stems from a family court order requiring the man to take a DNA test after he refused to support the children, alleging they were not his.
Background of the Case
The dispute arose when the man’s wife filed a petition under Section 125 of the Criminal Procedure Code (CrPC), requesting maintenance for their two children. The man, however, contested the claim, stating that the woman was not his legally wedded wife and had been married to another man who had been missing for years. He further argued that he could not be compelled to undergo a DNA test without his consent.
In response, the wife presented evidence that they had been married since 2007, and that the man had borne all medical expenses for the births of their children. She also claimed that the father’s name in the children’s school records was altered, and a criminal complaint was filed against the school authorities.
Legal Precedents and DNA Test in Paternity Disputes
To resolve the issue, the High Court referred to legal precedents on DNA tests in paternity disputes, particularly Section 53 of the CrPC, which allows for medical examination, including DNA profiling, in certain cases. The court noted that amendments made in 2005 clarified that DNA testing could be used to settle disputes involving parentage.
The court further emphasized the importance of addressing unresolved paternity disputes in the best interests of the children. It stated that denying maintenance due to unresolved paternity issues violates the basic human rights of children, which include the right to an adequate standard of living, healthcare, and education.
Court’s Ruling
The High Court ruled that the man cannot simultaneously deny paternity and refuse to undergo the DNA test. The court stressed that DNA testing is the only way to conclusively resolve such a dispute, adding that the man’s refusal could lead to adverse legal consequences under the Indian Evidence Act.
“If he is doubting the paternity, the only way to prove his case is by undergoing the DNA test,” the court observed. The court also clarified that a DNA test is different from a Narco test, which requires prior consent. Under the explanation provided by Section 53 of CrPC, DNA testing falls under “examination” and can be ordered by the court.
Conclusion
The Allahabad High Court has ordered the man to either pay maintenance for the children or comply with the DNA test as directed by the family court. Failing to do so may result in an adverse inference being drawn against him under the Indian Evidence Act, the court warned.
This ruling highlights the legal responsibility of fathers to provide for their children and underscores the importance of DNA tests in resolving paternity disputes.
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