Madhya Pradesh High Court Upholds DNA Test Order in Army Man's Divorce Battle
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. This decision comes in response to a divorce petition filed by an Army personnel who has alleged adultery against his wife, who serves as a constable in the Madhya Pradesh police.
Court's Rationale for Permitting DNA Test
Justice Vivek Jain, while dismissing the wife's challenge on January 20, clarified that the DNA test is aimed at testing allegations of infidelity rather than branding the child illegitimate or unsettling her legal status. The court emphasized that when a husband specifically pleads non-access and the divorce petition is grounded in adultery, such a test is 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 of the High Court
- The family court did not err in ordering a DNA test of the child.
- In cases where no declaration is sought regarding the illegitimacy of the child and the issue solely relates to the wife's adultery, a DNA test can be ordered.
- If there are sufficient pleadings of non-access, a DNA test is justified.
- The divorce petition has been filed specifically on the ground of adultery, not to determine paternity for maintenance or other purposes.
Background of the Matrimonial Dispute
The dispute traces back to a marriage that has seen three divorce petitions. The first petition, filed in 2019, was withdrawn after the parties indicated they would seek divorce by mutual consent. A second petition under the Hindu Marriage Act, 1955, filed the same year, collapsed when the wife appeared for the first motion but failed to attend the second motion despite repeated opportunities, leading to closure of proceedings on March 2, 2021.
The present divorce petition, filed in 2021, is founded on adultery. The husband, an Army personnel, sought a DNA test to establish whether he is the biological father of the daughter born during the subsistence of the marriage. On August 22, the family court directed the DNA test, prompting the estranged wife to move the high court.
Husband's Allegations and Wife's Defense
The husband pleaded that he was called home by his wife in October 2015 while serving in the Indian Army. Within four days of his arrival, she informed him that she was pregnant. The child was born on June 26, 2016, within eight months of that visit. The husband argued that pregnancy cannot ordinarily be detected within four days of conception, bolstering his assertion of non-access at the time of conception.
Advocate Anuj Pathak, appearing for the wife, argued that compelling a DNA test would violate the child's right to privacy, autonomy, and identity, unfairly casting a shadow on her legitimacy. He relied on Supreme Court rulings emphasizing that Section 112 of the Indian Evidence Act creates a strong presumption of legitimacy for children born during a valid marriage, and DNA tests should not be ordered routinely.
In contrast, Advocate Sheetal Tiwari, representing the husband, countered that the challenge was an attempt to stall proceedings and suppress material facts. He highlighted the husband's limited access due to Army postings and the wife's service as a police constable in Jabalpur.
Legal Implications and Broader Context
This ruling underscores the judiciary's approach to balancing the need for evidence in adultery cases with the protection of children's rights. The court's decision to uphold the DNA test order, while clarifying its limited scope to proving adultery, sets a precedent for similar matrimonial disputes where allegations of infidelity are central.
The case also highlights the complexities of military marriages, where prolonged separations can exacerbate trust issues and legal battles. As divorce petitions continue to pend since 2021, this ruling may expedite proceedings by allowing critical evidence to be gathered.
Ultimately, the Madhya Pradesh High Court's judgment reinforces that DNA tests can be instrumental in adjudicating adultery claims when properly pleaded, without necessarily undermining the child's legal status or well-being.
