‘Whether Or Not Wife Had An Adulterous Relationship Could Be Gone Into Without Subjecting Child To Paternity Test’: Delhi HC Quashes A Husband's Plea For DNA Test

The husband had filed an application before the family court to seek directions for his wife and a minor child she gave birth to give their blood samples for conducting a paternity test, which rejected the said application. The purpose behind the husband seeking such direction was to establish his wife’s adulterous conduct.

A Division Bench of Justice Rajiv Shakdher and Justice Amit Bansal observed, “The appellant/husband cannot, by a sidewind, impact the interest of the child who is not a party to the proceedings. The Family Court would have to take into account the evidence that the parties may lead to arrive at a conclusion, as suggested by the appellant/husband, that the respondent/wife had sexual intercourse voluntarily with a person other than the appellant/husband. Whether or not the respondent/wife had had an adulterous relationship could be gone into without subjecting the child to a paternity test.”

Advocate Ashish Negi represented the appellant.

The husband had filed a petition for dissolution of marriage on the grounds of cruelty under Section 13(1)(ia) of The Hindu Marriage Act, 1955 (HMA). Following this, the wife lodged a petition under The Protection of Women From Domestic Violence Act, 2005 (DV Act).

The husband then moved an application to amend the divorce petition by incorporating paragraphs to establish that he was suffering from azoospermia and hence, “the child purportedly born from his wedlock with the wife did not bear the imprint of his paternity.”

The Court noted that “the birth of the child during the continuance of a valid marriage between the appellant/husband and the respondent/wife would foreclose the challenge to the child’s legitimacy unless paternity itself was an issue in the lis between the disputants, say between the child and their parent.”

The Court pointed out that the husband did not question the paternity of the child until he sought amendments in the divorce suit initiated by him.

Accordingly, the High Court dismissed the appeal.

Cause Title: X v Y (2024:DHC:674-DB)

Appearance:

Appellant: Advocate Ashish Negi

Respondent: None

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