Court affirms necessity of DNA test to resolve paternity dispute, ensuring confidentiality through sealed report submission.
In a significant ruling, the Karnataka High Court has upheld the decision of the I Additional Civil Judge and JMFC, Nanjangud, to conduct a DNA test in a partition suit to establish the biological relationship between the petitioner, Shivanna, and the respondents, H.S. Manjula and another. The case, W.P. No. 7444 of 2022, revolved around a dispute over paternity, crucial for determining the rights in a partition suit filed by the respondents claiming to be Shivanna's children.
The petition filed by Shivanna challenged the lower court's order for a DNA test, arguing that the decision was made without considering the evidence properly and violated his right to privacy. However, the High Court, presided over by Mr. Vijaykumar A. Patil, J., dismissed the petition, emphasizing the necessity of a DNA test in cases where evidence is insufficient to establish paternity.
The court highlighted that DNA tests should be ordered only in exceptional cases where they are foundational to the adjudication of claims and when existing evidence fails to resolve the dispute. The judgment underscored that the right to privacy is not absolute, especially when the party themselves consents to the test, negating privacy concerns.
Additionally, the court directed that the DNA test be conducted under the supervision of a Court Commissioner, with the results submitted in a sealed cover to maintain confidentiality, aligning with the precedent set in Narayan Dutt Tiwari v. Rohit Shekhar.
This ruling reaffirms the court's stance on balancing privacy rights with the need for scientific evidence in legal disputes, ensuring that DNA tests are not conducted mechanically but based on specific case facts.
Bottom line:-
DNA testing may be ordered in cases where the biological relationship between parties is foundational to adjudication, provided evidence is insufficient, and the test does not cause undue harm or invade privacy.
Statutory provision(s): Civil Procedure Code, 1908 Order XXVI Rule 10, Indian Evidence Act, 1872 Section 45
Shivanna v. H.S. Manjula, (Karnataka) : Law Finder Doc id # 2942534
