Rajasthan High Court Mandates DNA Testing in Contentious Property Dispute
The Rajasthan High Court has issued a landmark order directing a DNA test to be conducted on a respondent mother, Bila Devi, to establish her biological relationship with the petitioner, Bhauri Devi, in a high-stakes property inheritance case. The court's decision, delivered by Justice Bipin Gupta on February 7, overturns a previous ruling by a trial court in Jaipur and sets a significant legal precedent regarding the use of scientific evidence in disputes over parentage and ancestral assets.
Court Balances Privacy Rights with Judicial Duty to Ascertain Truth
In its detailed order, the High Court acknowledged that DNA testing inherently impacts an individual's right to privacy. However, it emphasized that the judiciary's fundamental duty to uncover the truth cannot be sidelined, especially in sensitive matters involving lineage and inheritance rights. "While no person can be forcibly subjected to a DNA test," the court observed, "a refusal to comply may empower the court to draw appropriate legal inferences based on the circumstances of the case."
The court explicitly stated that if Bila Devi refuses to undergo the mandated DNA testing, the trial court presiding over the property dispute would be at liberty to evaluate the implications of such refusal. This could include drawing an adverse inference against her position, potentially strengthening the petitioner's claim in the legal proceedings.
Background of the Inheritance and Will Dispute
The legal conflict originated following the death of Badri Lal on January 14, 2017. After his passing, Bhauri Devi discovered the existence of a registered will that allegedly bequeathed ancestral property solely to her brother, Ramswaroop. Challenging the validity of this document, Bhauri Devi filed a civil suit in a Jaipur court, seeking to have the will declared null and void. She also requested a permanent injunction to prevent any transfer or alteration of the disputed property.
Her legal argument centered on the nature of the property in question. Bhauri Devi contended that the asset was ancestral, meaning her father lacked the legal authority to execute a will favoring only one heir to the exclusion of others. She asserted her rightful claim to a lawful share of the family estate.
Denial of Parentage Leads to Scientific Evidence Plea
During the initial trial court proceedings, Badri Lal's wife, Bila Devi, and son, Ramswaroop, formally denied that Bhauri Devi was the daughter of the deceased. In response to this denial, Bhauri Devi submitted an application requesting DNA testing for herself, her alleged mother Bila Devi, and her brother Ramswaroop to scientifically establish familial relationships.
The trial court dismissed this application, prompting Bhauri Devi to escalate the matter to the Rajasthan High Court. The higher court, after hearing comprehensive arguments from all involved parties, quashed the trial court's order. It directed that the DNA test of the respondent mother be conducted and matched with the petitioner's DNA, ordering further proceedings to continue in accordance with the law.
This ruling underscores the evolving role of forensic science in the Indian judicial system, particularly in resolving complex disputes where traditional evidence may be insufficient or contested. The case continues to be closely watched for its implications on inheritance law and the balance between personal privacy and the pursuit of justice.
