Orissa High Court: DNA Test Can’t Be Ordered in Partition Case, Child’s Legitimacy Presumed Under Law

The Orissa High Court held that ordering a DNA test in a partition suit to determine parentage is unwarranted and violates the right to privacy under Article 21 of the Constitution.

The court noted that the wife of the deceased shareholder admitted the third defendant as her son, and the petitioner never disputed the validity of the marriage.

The Court emphasised Section 112 of the Evidence Act, which presumes the legitimacy of a child born during wedlock, and stated that recognition in society, not just biology, is crucial in partition suits.

The court upheld the trial court’s rejection of the DNA test application.

[Golapi Majhi v. Bhabanishankar Budulal @ Kisan]