Alka Verma –
Published on: September 15, 2021 at 10:00 IST
On Tuesday, Kerala High Court allowed a Plea filed by a man for DNA testing of a Child born out of his Marriage.
The man asked for permission because he wants to prove charges of Adultery against his wife and use it as a valid ground for Divorce against his wife.
The Court dealt with the question that whether the direction for DNA testing must be given in a Divorce case where a child has nothing to do and he is a third party.
The Court said they can only give permission for DNA testing if the man has strong prima facie evidence to prove his claims.
The man stated before the Court that from the date of being married, May 5, 2006, to the date of birth of a child, March 9, 2007, he only has spent 22 days with his wife because he had to leave for Ladakh for his duty as he is deployed in the Army.
Further, the man also added that in those 22 days there was no physical relationship between him and his wife because of the resistance of his wife. The man accused his wife and his brother-in-law of having an adulterous relationship.
Furthermore, the man claimed himself an infertile person and submitted a report which said that he is suffering from a medical condition where the sperm count gets very low, which is named ‘Oligoasthenoteratospermia’.
“The doctor gave evidence that there is no possibility for the petitioner (husband) to have the child. The doctor further deposed that before issuing the certificate, the semen test of the petitioner was conducted. This is a strong prima facie circumstance in support of the case of the petitioner that he is not the biological father of the child,” stated the Kerala High Court in this regard.
The Court was also told that earlier a Court also gave similar direction and at that time, the wife did not follow the command.
On which the Court stated, “This is yet another strong prima facie circumstance.”
Further, the Court added that“For all these reasons, we are of the view that the petitioner has made out a strong prima facie case to order a DNA test. DNA testing is the most authentic and scientifically proven means to establish paternity and thereby, prove the case of infidelity and adultery set up by the petitioner.”
The Court while allowing the Plea of the husband, also gave the direction that the DNA test is going to be conducted at the Rajiv Gandhi Centre for Biotechnology at Thiruvananthapuram.
Also Read: Adultery under Indian Penal Code, 1860