A Division Bench of the Kerala High Court has dismissed a petition filed by a 77 -year-old man seeking to conduct a DNA test to prove his charge of infidelity against his 68-year-old wife.
Dismissing the petition filed against the Thrissur Family Court order refusing to pass a directive for a DNA test, the court observed that after the passage of a long time, a DNA test could not be used as a shortcut to establish infidelity that might have occurred decades ago.
An order to undergo DNA test itself might have its effect on the reputation of the children in society.
The Bench added that the children, now major, were born during a valid marriage, and they were not party to the proceedings.
‘Not the only route’
The court said that this was not a case where DNA test was the only safe route to arrive at the truth. If the paternity of the children was the issue in the proceeding, DNA test might be the only safe method. It was not so in this case.
The court observed that since the children were major, they could not be compelled to give a blood sample in a civil proceeding in which they were not parties.
The court also observed that the evidence of DNA test to rebut the conclusive presumption available under Section 112 of the Evidence Act, could be allowed only when there were compelling circumstances.
The Supreme Court had already cautioned that it could not be liberally used, the court said.
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