A 
Delhi court has allowed DNA test of a couple’s two children in a domestic violence case to elicit the “truth regarding their paternity” following a plea of the husband who had accused his wife of adultery and claimed he had not sired them.
“Husband cannot be compelled to bear fatherhood of a child when scientific report proves contrary,” Additional Sessions Judge (ASJ) Pulastya Pramachala said while allowing the appeal of a husband against the trial court order which had dismissed his plea to ascertain the paternity of the children by DNA tests.
“I find that it is demand of the justice to allow the appellant (husband) to resort to DNA test of the children in order to elicit the truth regarding their paternity,” the ASJ said.
The husband in his plea had alleged that at the time of the birth of two children from his wife, she was having illicit relationship with other persons and he is not the father of these minor children.
“It has been also recognised that a husband cannot be compelled to bear fatherhood of a child when scientific report proves contrary,” the court said.
It noted that to resolve the dispute on the basis of truth, it is required that the husband be allowed to resort to a scientific method, in order to prove his plea.
“This piece of evidence is going to help the court to ascertain the truth and is not going to prejudice the respondent (wife) in any manner,” it said.
Setting aside the trial court’s order by which the plea of the husband for ascertaining the paternity of children was dismissed, the court asked it to direct the wife to produce the children for the purpose of DNA test and to submit herself for the related purposes.
“If it is not so done by the wife, then there shall be a valid ground for the trial court to raise an adverse presumption against her, in respect of question of paternity of the children,” it said.
During the hearing, counsel for the wife contended that the husband had not challenged the paternity of the children specifically in his reply in the domestic violence case before the trial court.
“It is true that he did not challenge the paternity in very specific terms in his reply, but the court cannot be so much dependent upon good drafting of a pleading. It is the duty of the court to find out the truth, in order to resolve a dispute between the parties,” the court said.
The woman had filed a case under various sections of domestic violence Act against her husband alleging cruelty but at the stage of final arguments, a plea was moved seeking DNA tests of the children.
