Mumbai | đź—“ July 10, 2025 |
In a significant judgment that could set a legal precedent, the Bombay High Court ruled that a minor child cannot be subjected to a DNA test solely on the basis of the father’s suspicion of adultery. The court emphasized that the child’s rights and well-being take precedence over a parent’s doubts or allegations.
Background of the Case
A man from Mumbai had filed for *divorce in a family court, accusing his wife of **infidelity. The couple was married in 2011, but they began living separately just two years later in 2013. At the time of separation, the woman was already *three months pregnant.
Citing his infertility, the husband requested a DNA test on the child to allegedly confirm the affair. The family court agreed in 2020, ordering the test. However, this sparked a strong response when the matter reached the Bombay High Court.
High Court Overrules: DNA Test on Child Not Justified
Delivering its verdict, the *Bombay High Court set aside the family court’s order, calling it a *violation of the child’s fundamental rights. The court stressed that:
“A child cannot be treated as a tool to settle disputes between estranged parents.”
The bench further said that *forcing a minor to undergo a DNA test without clear necessity is neither legal nor ethical. Instead, the court stated that *other evidences can be used to prove adultery, if needed.
“Don’t Use the Child to Prove Adultery”: Court’s Strong Message
The court made it clear: The emotional and psychological health of the child must be protected at all costs.
DNA testing on a child for the sole purpose of proving infidelity was termed “a misuse of the legal process.” The judges said that putting the minor through a blood test can cause lasting trauma and cannot be justified under any civil proceeding.
Supreme Court References, but High Court Stands Firm
While the Supreme Court in previous cases had allowed DNA tests under certain circumstances, the Bombay High Court insisted that *each case must be evaluated based on context. In this instance, *the suspicion alone was not enough to override the rights of the minor.
Key Highlights
- Bombay High Court rejects DNA test on child in adultery case.
- The judgment protects child rights and dignity in family disputes.
- The couple has been separated since 2013, shortly before the child’s birth.
- Court states that infidelity can be proved by other legal means.
- Family courts advised not to misuse scientific tools to violate minor’s privacy.