The Allahabad High Court recently denied relief to a man, Dr. Ifraq Mohammad Ifraq Husain, who secretly took his daughter’s blood sample for a DNA test to dispute her paternity and avoid paying maintenance. Dr. Ifraq and his wife, Smt. Shazia Parveen, were married on November 12, 2013, according to Muslim rites. Their marriage lasted until 2017, after which the wife began living with her parents due to alleged mistreatment from her husband and in-laws, reportedly over an inadequate dowry.
In an attempt to deny responsibility for one of his daughters, Dr. Ifraq accused his wife of having an extramarital affair and leading an adulterous life. To prove his claim, he secretly took his daughter’s blood sample and sent it to a private DNA lab in Hyderabad, which returned a certificate claiming he was not the biological father.
This action occurred while the wife was seeking maintenance for herself and her daughters in court, starting in July 2019. Dr. Ifraq then petitioned the court to order a DNA test for himself, his wife, and his two daughters, hoping to legally establish the child’s paternity and be exempt from paying maintenance.
When his request was rejected, he approached the High Court for a fresh DNA test. However, the Allahabad High Court stood firm in its decision, stating that under Section 112 of the Indian Evidence Act, the birth of a child during a valid marriage is presumed legitimate. The court also emphasized that a husband must present a strong case proving non-access to his wife to challenge this presumption.
The court referenced a 2021 Supreme Court ruling in the case Ashok Kumar v. Raj Gupta, which advised that courts should avoid ordering DNA tests when other evidence is available to determine or dispute paternity. The High Court noted that Dr. Ifraq had not proven or even argued that he had no access to his wife between 2013 and 2017 when their marriage was still intact.
The court further expressed concern that routine use of DNA tests could lead to misuse by husbands seeking to avoid financial responsibilities, cautioning that children should not be used as tools to question the fidelity of their mothers. The court stressed that any decision about DNA tests should be made with the child’s best interest in mind.
In conclusion, the Allahabad High Court dismissed Dr. Ifraq’s plea and upheld the lower court’s order, directing him to pay maintenance to his wife and daughters, reiterating that the legitimacy of a child born within a marriage should be respected unless strong evidence suggests otherwise.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
