In APARNA AJINKYA FIRODIA v. AJINKYA ARUN FIRODIA (2023 INSC 146), the Supreme Court ruled that a DNA test of a child cannot be ordered merely to establish adultery in matrimonial disputes. The case arose from a husband’s application for a DNA test to question the paternity of his wife’s second child during ongoing divorce proceedings. While the Family Court and Bombay High Court permitted the test, the Supreme Court reversed this, emphasizing the child’s right to privacy and legitimacy under Section 112 of the Indian Evidence Act, 1872.
The court also held that children’s paternity must not be questioned frivolously, and DNA tests should not be routine in such disputes. The court noted that genetic identity is an integral aspect of a child’s identity and privacy, protected under Article 8 of the UNCRC. And added that courts must evaluate such requests from the child’s perspective, not the parents. Also, an adverse inference should not be drawn if the mother opposes the test to protect the child’s interest.
