Punjab & Haryana High Court: Child’s Right to Know Biological Father Overrides Man’s Privacy Right

The Punjab & Haryana High Court has held that a man’s right to privacy cannot overrule a child’s right to know his biological father.

Justice Archana Puri dismissed a petition challenging a trial court order directing DNA testing, sought by a man claiming paternity. 

The Court clarified that Section 112 of the Evidence Act, which presumes the legitimacy of a child born during marriage, does not apply where the child himself asserts paternity. It also ruled that the police force cannot be used to obtain samples, leaving trial courts to draw inferences if the man refuses DNA testing.

The case involved a dispute over establishing biological paternity.