DNA Paternity Test in Matrimonial Disputes, Guidelines, Child Privacy

The Supreme Court, in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, held that a DNA paternity test of a minor child in a matrimonial dispute should be ordered only in exceptional and deserving cases where it is indispensable for resolving the dispute.

The judgment addresses an important legal tension between the use of DNA evidence to establish biological truth and the need to protect the child’s privacy, dignity, identity and best interests.

Background

The case arose from a divorce petition in which the husband alleged that his wife was unfaithful and questioned the paternity of their second child.

The Family Court in Pune and the Bombay High Court had permitted a DNA test to determine paternity. The wife challenged these orders before the Supreme Court.

The Supreme Court allowed the wife’s appeal and set aside the orders of the lower courts, holding that the DNA test was not indispensable to resolve the matrimonial dispute.

What is a DNA Paternity Test?

A DNA paternity test is a genetic test that determines whether a person is the biological father of a child by comparing specific genetic markers in their DNA.

It is highly accurate in determining biological paternity, but its scientific reliability does not mean that a court must order it whenever paternity is questioned.

In matrimonial disputes, the court must first consider the legal presumption of legitimacy and the rights of the child before directing genetic testing.

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What is the Legal Basis for DNA Paternity Disputes?

A child born during a valid marriage is presumed to be the legitimate child of the husband. Therefore, a court does not ordinarily order a DNA paternity test merely because the husband questions the child’s paternity.

This rule is provided under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023. It states that when a child is born during a valid marriage, the husband is presumed to be the father unless non-access between the spouses is proved at the relevant time when the child could have been conceived.

Non-access means that the husband and wife had no opportunity to have sexual relations during the relevant period of conception.

This legal presumption is known as the presumption of legitimacy.

Earlier, the same rule was contained in Section 112 of the Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act with effect from 1 July 2024.

When Can a DNA Paternity Test Be Ordered?

A DNA paternity test may be ordered when the question of paternity is material to the dispute and the court finds that determining it through genetic testing is genuinely necessary. The Supreme Court’s approach requires the court to consider whether:

• There is a serious and legally relevant dispute regarding paternity;
• There is prima facie material supporting non-access during the relevant period;
• Other available evidence is insufficient to resolve the controversy; and
• The DNA test is indispensable for deciding the case.

The emphasis is therefore on necessity rather than convenience. A test should not be ordered merely because DNA evidence would make a party’s case easier to prove.

When Can a DNA Paternity Test Not Be Ordered?

It should not ordinarily be ordered merely on the basis of:

• a bare allegation that the child is not biologically related to the husband;
• suspicion of the wife’s adultery without supporting circumstances;
• absence of a plea or prima facie material regarding non-access; or
• a desire to obtain stronger evidence when existing admissible evidence is sufficient.

Thus, the DNA paternity test cannot become a routine investigative device in matrimonial proceedings.

Can a DNA Paternity Test Be Used to Prove Adultery?

A DNA paternity test cannot be ordered merely to prove adultery or infidelity in a matrimonial dispute.

• In Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, the Supreme Court found that the DNA test was not indispensable, as the alleged adultery could be examined through other available evidence.
• The Court noted that call recordings, transcripts and the wife’s daily diary could potentially be used to establish the allegations.
• Therefore, the Court set aside the Family Court and Bombay High Court orders that had permitted the DNA test.
• The Court clarified that Section 112 of the Indian Evidence Act does not give protection to adultery. It only means that the legitimacy of a child born during marriage cannot be casually challenged through a DNA test, especially when the allegation of adultery can be proved through other evidence.

Important Supreme Court Precedents

The Supreme Court’s position has evolved through several important judgments.

• Goutam Kundu v. State of West Bengal: The Court cautioned against routinely directing blood tests for determining paternity and recognised the importance of the statutory presumption of legitimacy.
• Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik: The Court considered the evidentiary value of DNA testing and its interaction with the statutory presumption concerning legitimacy.
• Dipanwita Roy v. Ronobroto Roy: The Court recognised that DNA testing could be directed in an appropriate matrimonial case where the circumstances warranted such testing.
• Aparna Ajinkya Firodia v. Ajinkya Arun Firodia: The Court reinforced the exceptional and indispensable nature of DNA testing, particularly where testing a child is sought to support allegations between the spouses.

Significance of the Judgment on DNA Paternity Test 

The judgment is significant for three broader reasons:

• Protects child rights under Article 21: It prevents children from becoming collateral victims of matrimonial disputes and protects their right to privacy.
• Strengthens privacy jurisprudence: It recognises genetic identity and parentage as sensitive aspects of personal privacy under Article 21.
• Promotes proportionality: It requires courts to prefer less intrusive evidence where it can adequately resolve the dispute.