DNA Tests Cannot Be Conducted To Clear A Mere Suspicion Regarding Child’s Paternity In The Absence Of Specific Denial Of Paternity: Kerala High Court

Case: Sujith Kumar S V Vinaya V S

Coram: Justice A. Badharudeen

Case No.: OP(CRL.) NO. 631 Of 2023

Court Observation: “It has to be held further that when DNA test cannot be resorted to clear a suspicion regarding the paternity of the child, in the absence of specific denial of paternity of the child. In view of the above legal position, the dismissal of the application put in by the petitioner to conduct DNA test with a view to clear his suspicion/doubt regarding the paternity of the child, can only be justified.”

“Thus, the law emerges is that merely because parties have dispute about paternity, it does not mean that the court should direct DNA or such other test to resolve the controversy. In such circumstances, the parties should be directed to lead evidence to prove the dispute of factum of paternity and only when the court finds it impossible to draw an inference based on such an evidence or the controversy in issue cannot be resolved without DNA test, it may direct the DNA test and not otherwise.”

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Keywords

DNA Tests Cannot Be Conducted To Clear A Mere Suspicion