The Jharkhand High Court observed that the parent neither had any right to give consent to a DNA test of the adult child nor had any means to enforce such an order of a DNA test. (AI-generated image)In a matrimonial battle, the Jharkhand High Court has rejected the plea of a man who sought a DNA test claiming that his wife was in an adulterous relationship when she conceived “their” child. Rejecting the request, the court noted that the child was now a 24-year-old man.Justice Anubha Rawat Choudhary dismissed the husband’s plea challenging a trial court’s order that had rejected his plea for a DNA test of the child in a pending divorce case based on allegations of adultery.“Now the child has attained the age of about 24 years and the child who has now become an adult cannot be forced to be subjected to DNA test,” the order dated June 29 read. The court further held that no adverse inference can be drawn against the mother if the child refuses a DNA test.Also Read | Court refuses to cancel dowry case, says previous complaint omissions don’t erase new crueltyThe husband claimed that after his marriage in 2000, he left for Surat in 2001 for work and returned only in May 2002, when he allegedly found his wife in an advanced stage of pregnancy. According to him, a village panchayat was convened where the wife and her parents admitted her alleged adulterous relationship. The child was born in 2002.The divorce plea was filed in 2008, and after the examination of four witnesses, the husband moved an application in 2010 seeking a DNA test of the child to establish his allegation of adultery. The trial court rejected the plea. Justice Anubha Rawat Choudhary said that in case of a minor, the consent for getting a DNA test could be obtained from the natural guardian.Although the petitioner charged the wife, the court observed that the alleged illegitimate child was not made a party in the matter, and the husband failed to substantiate his claim of non-access to the wife during the period that she conceived. Feeling aggrieved by the order, the husband moved the high court.Also Read | No divorce for husband who drove wife away with dowry demands, rules courtHe argued that in a divorce petition based on adultery, the child was not a necessary party and relied on judicial precedents permitting DNA testing. The wife opposed the plea, contending that the husband had never pleaded “non-access” in his divorce petition.Story continues below this adCan’t compel a major: CourtThe high court noted that during the proceedings before the trial court, the child was a minor but now he had attained majority. In case of a minor, the consent for getting a DNA test will naturally be taken care of by the natural guardianHowever, the child had become a major of about 24 years and cannot be compelled to give a DNA test. The trial court rightly dismissed the petition seeking examination of the child for DNA test.The court observed that the mother, having lost the right to represent the child as the guardian, neither has any right to give consent to a DNA test of the child nor has any means to enforce such an order of a DNA test, if passed by the court.The trial court rightly recorded that “access” does not only mean an actual marital intercourse, but also opportunity for sexual intercourse between the parties, which the plaintiff has failed to prove that he lacked.Plea dismissedThe court, therefore, dismissed the plea, while also noting that despite the child attaining majority, the husband had not taken steps to implead him as a party. It added that the child’s legitimacy cannot be doubted merely based on probabilities or suspicions.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More