LI Network
Published on: November 27, 2023 at 16:39 IST
The Allahabad High Court has ruled that a matriculation certificate issued by a school stands as valid legal proof for determining one’s date of birth, and in the absence of evidence proving it incorrect, a DNA test is unnecessary.
This decision was delivered by Justice Saurabh Shyam Shamshery, who relied on the Supreme Court judgment in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia.
As outlined in Section 317(2) of the Cr.P.C., 1973, the court emphasized that ordering a DNA test should only be done in extraordinary circumstances when there is no other legal basis to determine parentage.
In the present case, where a matriculation certificate was recognized as sufficient legal proof of the date of birth, the court found no grounds to order a DNA test.
The case involved a disputed land in the name of Yaqoob, survived by three sons—Shakeel, Jameel, and Furkan.
The eldest son, Shakeel, married Petitioner 1, Smt. Mobin, who claimed that their daughter (Petitioner 2) was born from this wedlock. Disputes arose, with the respondents contending that the daughter was born from a second marriage after Shakeel’s death. The petitioner contested these claims, arguing that the daughter’s parentage was supported by a matriculation certificate, and a DNA test was unnecessary.
The court upheld the educational certificate’s validity, stating that the matriculation certificate or a birth certificate issued by a school is the best evidence to determine one’s date of birth. It rejected the need for a DNA test in the absence of proof disputing the matriculation certificate.
The court drew attention to the Supreme Court’s position that DNA tests of children should not be routinely ordered in matrimonial disputes and should only be considered in exceptional cases where no other means of proof exists. The judgment emphasized the importance of maintaining the welfare of children born out of disputes and discouraged mechanical orders for DNA tests.
In conclusion, the Allahabad High Court held that the matriculation certificate, recognized as sufficient legal proof, eliminated the need for a DNA test in this case. Additionally, it noted that the daughter, having reached the age of majority, had not taken any steps to claim rights over the disputed land.
Case Title: Smt. Mobin And Another v. Dy. Director Of Consolidation And 6 Others [WRIT – B No. – 2526 of 2023]
