{"id":121352,"date":"2026-08-27T16:56:37","date_gmt":"2026-08-27T11:26:37","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=121352"},"modified":"2026-08-27T16:56:37","modified_gmt":"2026-08-27T11:26:37","slug":"dna-paternity-test-in-matrimonial-disputes","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/dna-paternity-test-in-matrimonial-disputes\/","title":{"rendered":"DNA Paternity Test in Matrimonial Disputes, Guidelines, Child Privacy"},"content":{"rendered":"

The Supreme Court, in <\/span>Aparna Ajinkya Firodia v. Ajinkya Arun Firodia<\/b>, held that a <\/span>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.<\/b><\/p>\n

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.<\/span><\/p>\n

Background<\/b><\/h2>\n

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.<\/span><\/p>\n

The Family Court in Pune and the Bombay High Court had permitted a DNA<\/strong><\/a> test to determine paternity. The wife challenged these orders before the Supreme Court.<\/span><\/p>\n

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.<\/span><\/p>\n

What is a DNA Paternity Test?<\/b><\/h2>\n

A <\/span>DNA paternity test is a genetic test that determines whether a person is the biological father of a child<\/b> by comparing specific genetic markers in their DNA.<\/span><\/p>\n

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.<\/span><\/p>\n

In matrimonial disputes, the court must first consider the legal <\/span>presumption of legitimacy<\/b> and the rights of the child before directing genetic testing.<\/span><\/p>\n

What is the Legal Basis for DNA Paternity Disputes?<\/b><\/h2>\n

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.<\/span><\/p>\n

This rule is provided under <\/span>Section 116 of the Bharatiya Sakshya Adhiniyam<\/a>, 2023<\/b>. 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.<\/span><\/p>\n

Non-access<\/b> means that the husband and wife had no opportunity to have sexual relations during the relevant period of conception.<\/span><\/p>\n

This legal presumption is known as the <\/span>presumption of legitimacy.<\/b><\/p>\n

Earlier, the same rule was contained in <\/span>Section 112 of the Indian Evidence Act, 1872<\/b>. The Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act with effect from 1 July 2024.<\/span><\/p>\n

When Can a DNA Paternity Test Be Ordered?<\/b><\/h2>\n

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:<\/span><\/p>\n