“The child can’t be lost in search of paternity”:- SC
The background of the case is that the husband in this case did file an application in front of the court, where he sought the DNA test of the second child that was born to her wife when their marriage was already subsisting. The same was allowed by the family court and the Bombay High Court.
The apex court while considering the matter was very sensitive regarding the issue and set aside the above-mentioned order. The hon’ble court observed that the DNA testing of a child in matrimonial disputes is not a routine thing and even if it is to be used to analyze infidelity, the same can be done only when there are no other alternatives available.
When there is enough prima facie evidence, dislodging the presumption under section 112 of the Indian Evidence Act, then only the DNA test can be allowed. Where the issue of the paternity of the child is not the direct issue of the case, but collateral, it would not be justifiable to subject the child to DNA testing.
The same can be allowed only in exceptional circumstances. Moreover, once the child is subjected to the test, the court as well as the parties must be ready to deal with the issue that would flow out, like the inheritance and social stigma.
The court emphasized that, like every other individual, even the children have their right to privacy as well as the right to their legitimacy not being questioned ‘frivolously’. The court accepted that the aspect of privacy of a child cannot be equivalent to that of an adult but the child has an evolving capacity and the same cannot be ignored at any cost. The children shall not be devoid of the same, just for the fact that they are children. Article 8 of the convention on children lays importance on the right of the child to express their identity in front of the world.
Furthermore, the court was also concerned about the psychological impacts such a test would leave on the child, where a seed for the quest to find the real father would be sown. This can become a lifelong trauma for the child. Also, this can impact the relationship of the child with their mother as well as the father. Moreover, it has always been said that even though the parents can have an illegitimate relationship, the brunt of the same is always borne by the child.
The court was of the view that while searching for the paternity of the child, the child itself must not be lost as the same has the capacity to significantly impact the child. If the child would develop a feeling of mistrust towards their parents, the upbringing of the child can be impacted majorly.
Case Title: – Aparna Ajinkya Firodia vs Ajinkya Arun Firodia
Related provisions: – Section 112 of the Indian Evidence Act.
Written By – Shianjany Pradhan
