DNA tests cannot be directed in routine manner: Allahabad HC

Prayagraj, Nov 26 The Allahabad High Court has said that a DNA test to determine the paternity of a child cannot be directed in a 'routine manner' merely because a party disputes the parentage during legal proceedings.

Justice Chawan Prakash made the observation while dismissing the plea of Ramraj Patel, who had alleged that the female child born to her wife in December 2012 was not his biological daughter as his wife had been residing at her parental house since May 2011.

In the proceedings before high court, the petitioner had challenged the rejection order of the Additional Sessions Judge, Varanasi, who had dismissed his appeal against an order passed by the Special Chief Judicial Magistrate denying any order for DNA test.

According to the petitioner, he was married to the woman in April 2008 and she lived at her matrimonial house for only one week. It was his case that the wife was a graduate and a teacher in an Inter College and she did not want to live with him because he was an "illiterate villager".

The court, in its order dated November 21, said that such orders for DNA test can only be passed in specific circumstances where "no chance for cohabitation" is proven between parties during the relevant period.

Ramraj Patel v. State of U.P., (Allahabad)