HC Bars DNA Test, Upholds Child’s Legitimacy

April 22, 2026

Nainital, April 22: The Nainital High Court dismissed an appeal seeking a DNA test for a minor child. The Court explicitly stated that such directives cannot be issued as a matter of routine, as the law strictly safeguards the dignity, legitimacy, and privacy of a child born during a valid marriage.

A Division Bench comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit observed that the appellant failed to establish the necessary legal grounds required to seek a DNA examination. Consequently, the order of the Family Court was upheld.

The case pertains to a resident of Nainital who had challenged a Family Court order in 2025. The husband had leveled allegations of adultery and marital misconduct against his wife under Section 13 of the Hindu Marriage Act and had sought a DNA test to substantiate these charges.

The Argument Presented by the Counsel

The appellant’s counsel argued before the Court that the objective of the DNA test was not to challenge the legitimacy of the child.
He submitted that it was merely an attempt to gather scientific evidence to prove the allegation of adultery, given that obtaining direct evidence in such cases is often difficult.

The Court Cites Section 112

In its verdict, the High Court referred to Section 112 of the Indian Evidence Act. The Court noted that the law *ipso facto* presumes the legitimacy of a child born during the subsistence of a valid marriage. This presumption can be rebutted only if it is conclusively proven that there was no physical access between the husband and wife during the relevant period.

The Court clarified that orders for measures such as DNA testing do not constitute a routine procedure; rather, they may be permitted only when there exist strong and substantial legal grounds to justify them.