DNA test most authentic way to prove if wife unfaithful: HC

DNA test most authentic way to prove if wife unfaithful: HC

Rajesh Kumar Pandey TNN

Prayagraj:18.11.2020

The Allahabad high court has ruled that a DNA test to establish a child’s paternity is the “most legitimate and scientific means” that can be used by a man to assert claims of his wife’s infidelity. The court added that the test is also the wife’s “most authentic way to establish that she had not been unfaithful, adulterous or disloyal”.

The ruling came while the court was hearing a plea regarding whether a husband, in a divorce petition, can ask the court to direct the wife to undergo a DNA test or refuse to undergo one himself. In case she elects to undergo a DNA test, then the findings of the DNA test will determine conclusively the veracity of the accusation levelled by the petitioner husband against her.

“The DNA test is the most legitimate and scientifically perfect means which the husband could use to establish his assertion of his wife’s infidelity. Further, the DNA test should simultaneously be taken as the most authentic, rightful and correct means also with the wife for her to rebut the assertions made by the husband and to establish that she had not been unfaithful, adulterous or disloyal,” Justice Vivek Agarwal observed while hearing a petition filed by one Neelam that challenged an order (dated September 22, 2018) passed by the additional principal judge, family court, Hamirpur under Section 13 of the Hindu Marriage Act,1955.

The marriage between Neelam and Ram Asrey took place on April 28, 2004. Admittedly, three daughters were born from this wedlock. According to the husband-respondent, he has not been living with his wife(the petitioner) since January 15, 2013, and there has been no resumption of cohabitation since then.

Further, on June 25, 2014, he (husband) had given customary divorce to the petitioner and had been paying maintenance to her since then. A male child was born to the petitioner on January 26, 2016 in her paternal house. Hence, the ground for the divorce was adultery.

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