Madhya Pradesh High Court Upholds DNA Test Order in Army Man's Divorce Battle Over 4-Day Pregnancy Claim
The Madhya Pradesh High Court has delivered a significant ruling in a contentious matrimonial dispute, upholding a family court's order for a DNA test of a minor girl. The case involves an Army personnel who filed for divorce alleging adultery, claiming his wife informed him of her pregnancy just four days after his visit home.
Court's Rationale for Upholding DNA Test
Justice Vivek Jain, while dismissing the wife's challenge on January 20, clarified that the DNA test serves to examine allegations of infidelity rather than question the child's legitimacy or legal status. The court emphasized that when a divorce petition is filed on grounds of adultery with specific pleadings of non-access, such testing becomes permissible.
The court stated: "Order passed by the family court is upheld. The petition is dismissed. It is observed that in case the petitioner still refuses to part with DNA samples, then the Family Court would be at liberty to draw presumption under Section 114(h) of the Indian Evidence Act or the corresponding provisions of BSA 2023 against the petitioner wife."
Key Findings from the Judgment
- The family court acted correctly in ordering the DNA test of the child
- DNA tests can be ordered when no declaration is sought regarding the child's illegitimacy and the issue solely concerns alleged adultery
- Sufficient pleadings of non-access justify such testing
- The husband's petition focuses on proving adultery rather than establishing paternity or avoiding maintenance responsibilities
The Husband's Allegations
The husband, serving in the Indian Army, presented a compelling timeline in his petition. He claimed his wife, a constable with Madhya Pradesh Police, called him home in October 2015. Remarkably, within just four days of his arrival, she informed him of her pregnancy—a timeframe medical experts suggest is insufficient for pregnancy detection.
Further strengthening his case, the child was born within eight months of that October visit. The husband specifically pleaded non-access during the probable conception period, creating what the court deemed sufficient grounds for DNA testing.
Legal Proceedings Background
This represents the third divorce petition in this protracted marital dispute. The initial 2019 petition was withdrawn after both parties indicated they would pursue mutual consent divorce. A second petition under the Hindu Marriage Act, 1955, collapsed when the wife failed to appear for the second motion despite multiple opportunities.
The current petition, filed in 2021, bases its grounds on adultery. The husband specifically requested a DNA test to determine whether he is the biological father of the daughter born during the marriage. Following the family court's August 22 order directing the test, the estranged wife approached the High Court seeking relief.
Arguments Presented by Both Sides
Wife's Counsel: Advocate Anuj Pathak argued that compelling a DNA test would violate the child's fundamental rights to privacy, autonomy, and identity. He emphasized Section 112 of the Indian Evidence Act, which creates a strong presumption of legitimacy for children born during valid marriages. The counsel stressed that courts must prioritize the child's best interests and avoid stigmatizing children through parental disputes.
Husband's Counsel: Advocate Sheetal Tiwari countered that the challenge represented an attempt to delay proceedings and conceal material facts. She highlighted the husband's Army posting, which limited his home visits to once every few months, while the wife served as a police constable in Jabalpur. The counsel presented medical evidence suggesting pregnancy detection within four days of conception is medically improbable, supporting the husband's non-access claim.
Broader Legal Implications
This ruling establishes important precedents regarding DNA testing in matrimonial disputes. The court has clarified that when adultery allegations include specific non-access pleadings, and when testing aims to prove infidelity rather than challenge a child's legitimacy, DNA tests become legally permissible. The judgment balances evidentiary needs with protecting children's rights, setting parameters for when such invasive testing may be ordered.
The case continues to highlight the complex intersection of medical science, personal relationships, and legal principles in contemporary family law disputes.
