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The Ernakulam bench at Kerala High Court observed that DNA test cannot be used as a shortcut for establishing infidelity that might have occurred decades ago. The observation was made on 12th June 2018 by division bench consisting of Justice P. Jyothindranath and Justice V. Chitambaresh while dismissing the plea of a 77-year-old husband against a family court order. The man had moved to family court seeking a divorce against his wife on being told that his three children were not his biological children. He had filed an application seeking to conduct a DNA test which was dismissed by the court.
The issue for the Hon’ble High Court to consider was whether DNA test should be allowed or not. The argument of the petitioner was that if DNA test proves him not to be the biological father of his three children then it would mean that his wife had committed infidelity and there was an act of adultery. The court rejecting the argument observed that the issue concerned three major children who cannot be compelled to give blood samples in a case where they are not parties. The court further observed that the abovesaid case was not one where DNA test was the only safe route to reach the truth as DNA test wasn’t the direct evidence but only a means through which inference could be drawn. Relying on the ratio laid down by the apex court in Dipanwita Roy’s case, the court remarked that use of DNA test cannot be granted liberally to rebut the conclusive presumption available under section 112 of the Evidence Act and can be only allowed when there are compelling circumstances linked with ‘access’. The test should be avoided wherever it is possible to do so.
Thus, the family court order was upheld and the petition was dismissed on lack of merits.
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