Bombay HC: DNA Test Can’t Be Ordered Merely on Adultery Allegations

The Nagpur bench of the Bombay High Court has quashed a family court’s order permitting DNA profiling to determine a child’s paternity based solely on the mother’s alleged adultery.

The court held that mere allegations of adultery do not justify a paternity test unless the husband proves he had no access to his wife during conception.

The court criticised the family court for not considering the child’s best interests and emphasised that such tests should only be ordered in exceptional cases.

The court reaffirmed that the presumption of legitimacy under Section 112 of the IEA stands unless non-access is specifically pleaded and proven.