Allahabad High Court Upholds Dismissal of DNA Test Application in Paternity Dispute

Court affirms presumption of legitimacy for children born during a valid marriage, emphasizing privacy rights under Article 21 of the Constitution.

In a significant ruling, the Allahabad High Court has upheld the decision of the lower courts dismissing an application for a DNA test to determine the paternity of a child born during a valid marriage. The judgment, delivered by Justice Chawan Prakash, underscored the strong presumption of legitimacy for children born within a valid marriage as stipulated under Section 112 of the Indian Evidence Act, 1872. This presumption stands unless non-access between the husband and wife is conclusively proven.

The case, titled "Ramraj Patel v. State of U.P.," involved an appeal by the petitioner, Ramraj Patel, who challenged the orders of the Special Chief Judicial Magistrate, Varanasi, and the Additional Sessions Judge, Court No. 1, Varanasi. Both courts had rejected his application for a DNA test of Priyambada, the daughter of the opposite party, Smt. Savita Devi, citing the absence of evidence to rebut the presumption of legitimacy.

The High Court emphasized that ordering a DNA test, which intrudes upon the privacy and dignity of individuals, must satisfy the conditions laid down under Article 21 of the Constitution. Drawing on the landmark Supreme Court judgment in K.S. Puttaswamy v. Union of India, the court reiterated that privacy is a fundamental right, and any invasion must be justified as fair, just, and reasonable.

Justice Prakash noted that the petitioner failed to provide sufficient evidence of non-access, which is necessary to challenge the legitimacy of a child born during a marriage. The court also highlighted the potential harm a DNA test could cause to the child's dignity and privacy, as well as the social implications for the family.

The judgment referenced the Supreme Court's decision in Ivan Rathinam v. Milan Joseph, which underscored the importance of protecting individual privacy and dignity, especially in sensitive matters involving familial relationships and personal reputation.

The High Court's decision reaffirms the legal protection of children born within a marriage and the necessity of safeguarding individual rights against unwarranted invasions of privacy. The dismissal of the revision petition maintains the conclusive presumption of legitimacy, upholding the lower courts' findings as legal and appropriate.

Bottom Line:

DNA testing to determine paternity must be approached cautiously and cannot be ordered routinely; must satisfy conditions protecting privacy and dignity under Article 21 of the Constitution.

Statutory provision(s): Protection of Women From Domestic Violence Act, 2005 Sections 12, 23, 29; Indian Evidence Act, 1872 Section 112; Article 21 of the Constitution of India.

Ramraj Patel v. State of U.P., (Allahabad) : Law Finder Doc Id # 2812823