The Himachal Pradesh High Court noted that the law presumes a valid marriage where a man and woman have continuously cohabited for a "long spell". (AI-generated image)After years of litigation over the status of a woman and her three children, the Himachal Pradesh High Court refused a man’s DNA-test plea, observing that the petition appeared to be an attempt to “wriggle out” of maintenance obligations imposed by competent courts in 2010.Justice Romesh Verma noted that the law presumes a valid marriage where a man and woman have continuously cohabited for a “long spell” unless the contrary is proved through “unimpeachable” evidence.“It seems that the instant petition has been filed in order to circumvent the orders, which have been passed by the competent courts below under Section 125 Cr.P.C. The petitioner/plaintiff, in order to wriggle out from the payment of maintenance, as has been awarded by the courts below, has filed the application for a DNA test to get out of the same,” the May 21 order read. Justice Romesh Verma noted that the man had previously made unsuccessful attempts to obtain the same relief during maintenance proceedings.The high court was hearing a revision petition filed by the man challenging a November 2024 family court order rejecting his application for DNA testing. The court also noted that he had previously made unsuccessful attempts to obtain the same relief during maintenance proceedings.‘Carve out case for DNA test’Referring to Supreme Court judgements, the high court stated that scrutiny, particularly when concerning matters of infidelity, can be harsh and can eviscerate a person’s reputation and standing in society. It added that, usually, in cases concerning legitimacy, it is the child’s dignity and privacy that have to be protected. The effects of social stigma surrounding an illegitimate child make their way into the parents’ lives, as there may be undue scrutiny owing to the alleged infidelity. The court observed that courts must first analyse and consider the existing evidence to assess the presumption of legitimacy and should resort to DNA testing only if such evidence is found to be insufficient.The court also mentioned that the Supreme Court has repeatedly held that DNA tests cannot be conducted in a routine manner. It was added that the petitioner has to carve out a case for conducting a DNA test. The court pointed out that if a man and woman cohabit as husband and wife for a long duration, a presumption can be drawn in their favour that they were living together as a consequence of a valid marriage. The high court mentioned that, in this case, the onus lies upon the husband to prove that his estranged wife is not his legally wedded wife and children are not born out of the said wedlock.The court found that the instant petition was filed in order to circumvent the orders which have been passed by the previous courts concerning maintenance to be given to the wife. The high court pointed out that the estranged husband has not approached the court with clean hands.It was found that the husband had suppressed the material facts and therefore, the relief sought by him in the application was rightly rejected by the trial court. The court mentioned that the husband cannot be permitted to file the instant application in the absence of any ground for a DNA test since there is nothing to show that there was no access between the estranged couple. She was married to another man The matter stemmed from a civil suit filed by a man seeking a declaration that a woman was not his legally wedded wife and that her three children were not his children. He claimed that the woman was already married to another man and, therefore, his marriage to the woman was illegal, void and not sustainable in the eyes of the law. Also Read | ‘He has anxiety’: Why Punjab and Haryana High Court favoured husband, not wife, in this matrimonial feudAccording to the man, the woman had been living separately at her parental home since March 2007, and the three children were born while she was residing there. On that basis, he sought a DNA test of himself and the children to establish that they were not biologically related to him.The woman opposed the plea, contending that the parties had lived together as husband and wife and that the children were born out of their relationship. She asserted that the man used to frequently visit her parental home even after she began living there and, therefore, he could not claim there was no access between them.Story continues below this adEarlier, in maintenance proceedings initiated by the estranged wife, a court had held in April 2010 that the woman was the petitioner’s legally wedded wife and that two of the children were his children, while granting maintenance. That finding was upheld in revision in April 2011.The petitioner subsequently filed the present civil suit in June 2011. He also made repeated attempts to secure DNA testing during the maintenance proceedings and later in the civil suit, but those requests were consistently rejected by the courts.Arguments It is contended by Senior Advocate Sudhir Thakur, appearing for the husband, that the said order is erroneous and liable to be quashed and set aside. He submitted that the husband has made out a case for allowing the application for a DNA test. Therefore, it deserves to be allowed. On the other hand, the said order was defended by advocate Malay Kaushal, counsel appearing for the wife. He submitted that the scope of interference in the said order is very limited. Story continues below this adAlso Read | Delhi High Court junks ‘unnatural sex’ FIR against man as ex-wife accepts Rs 20 lakh as settlementHe added that in view of the law as laid down by the Supreme Court in various cases, an application for a DNA test is not permissible in a routine manner until and unless prima facie case is made out by the petitioner. Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More © IE Online Media Services Pvt LtdTags:Himachal Pradesh High Court