The Andhra Pradesh High Court recently rejected a man’s request to conduct DNA test on his two children to establish allegation of adultery by his wife.
In an order passed on March 12, Justice Tarlada Rajasekhar Rao ruled that children cannot be used to establish allegations of adultery between estranged spouses.
“For the purpose of proving the wife is adultery, the petitioner (husband) cannot seek a DNA of his children,” held the Court.
The husband had filed a divorce case, claiming that his wife had deserted him for over two years.
He approached the High Court after the trial court refused to allow DNA tests on their two children. He argued that the tests were necessary to prove that he was not their biological father and that his wife had committed adultery.
The Court underscored that children cannot be treated as tools to resolve disputes between their parents.
Thus, the Court rejected the man’s request for the DNA test and held that allegations of adultery has to be proved by presenting other evidence.
“Even assuming that the wife is committing adultery, the petitioner cannot file an application to send the children for DNA testing, particularly when the children are not claiming any support from the father and are not parties to the case. To prove that his wife is unfaithful, the petitioner has to present evidence in some other way.” The Court observed that under Section 112 of the Indian Evidence Act, a child born during a valid marriage is presumed to be legitimate.
It also noted that courts have consistently warned against ordering DNA or blood tests in divorce cases, as doing so could hurt the child’s reputation and affect their social standing.
The Court also referred to the 2024 Supreme Court case Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, which held that decisions on DNA testing should focus on the child’s interests, not the parents’.
It noted that child cannot be used as a “pawn” to prove adultery, and the rights and welfare of the child must remain paramount.
On the petitioner’s argument that DNA test was necessary to ensure a fair trial, the High Court cited the principle that the rights of a third party (children) cannot be sacrificed for the benefit of one parent’s case.
The Court held that since the children were not part of the case and were not claiming maintenance, they could not be subjected to undergo DNA test to prove the mother’s alleged infidelity.
It also noted that the husband’s divorce petition was filed on the ground of desertion, not adultery, and that DNA test of the children was unrelated to his claim.
Accordingly, the Court dismissed the petition and imposed costs of ₹3,000 on the husband, payable to the District Legal Services Authority within three weeks.
The Court warned that failure to pay could result in civil recovery proceedings including imprisonment.
Advocate MMM Krishna Sanapala appeared for the husband (petitioner).
Advocate Arrabolu Sai Naveen appeared for the wife (respondent). (Bar & Bench)
