Child cannot be used as a tool to obtain a divorce for adultery on basis of DNA Test

One of the fundamental social structures in a civilised society is the family. The family is the closest and most immediate of all the social institutions, and it is via family that a child receives all of their early exposure. As a result, a person’s family has a big impact on their personality and way of life. Any couple can experience marital problems; they are not exclusive to any religion or social class. In addition to being difficult for the married couple, these disagreements can be upsetting for the entire family, especially the kids. The youngsters end up being the true victims of the arguments and frequently feel helpless in such circumstances.

RECENT CASE IN RAJASTHAN HIGH COURT:-

The Rajasthan High Court ruled that a paternity test violated a kid’s right to privacy and dignity and that “the child cannot be used as a pawn in a divorce litigation.

The court was considering a writ petition submitted by a man asking the court to take into account the findings of a DNA paternity test on his child to support his divorce request from his wife. The paternity test revealed that the man was not the biological father of the child.

However, on May 26, a single-judge court presided over by Justice Dr. Pushpendra Singh Bhati denied the petition, concluding that only in extreme cases—and while keeping the best interests and “crucial rights of the child” in mind—can a DNA paternity test be employed.

As Justice Dr. Pushpendra Singh held, “The DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, On the basis of a DNA Paternity Test, the child cannot be used as a tool to obtain a divorce for adultery.
The man must first establish that he did not have any contact with his wife, the court ruled. The court stated that only then may the aggrieved party receive the benefits of exceptional exclusion from Section 112 of the Indian Evidence Act, 1872. It also mentioned the fact that cruelty, not adultery, was the reason the man had initially filed for divorce. However, a DNA test on the child was performed during the divorce procedures in the trial court, and the results showed that the man was not the boy’s biological father.

The guy requested judicial separation on the basis of this paternity report, but the trial court denied his request to change those reasons. The guy appealed the trial court’s decision to the High Court , which has already rejected his request.
The mental and physical health of a kid, as well as any factors that may be harmful to it, must be given top priority by the court, according to Justice Pushpendra Bhati.

The importance of the kid and childhood in connection to marriage problems should be recognised by society and the law, the court decided. When compared to losing childhood, the impact of losing or winning a marriage is miniscule in terms of victimising the child or surrendering his constitutional right to dignity on the altar of matrimonial disputes.

It was further mentioned that the child’s point of view ought to be taken into consideration in this situation. The child’s fundamental rights to a dignified parenthood cannot be given up in a divorce if one parent is trying to get rid of the other, according to the court. The court ruled that this will leave a permanent mark on the child’s existence or mentality in addition to causing unimaginable anguish to his rights.

The father had asked for the divorce complaint to be changed in light of the son’s DNA paternity test findings, but the Udaipur court denied his request, claiming that the results came after the case had already been heard in the Family Court. This verdict was the subject of an appeal before the court. The DNA paternity test was said to have revealed that he is not the child’s father.

The court took notice of the husband’s motion under Section 13 of the Hindu Marriage Act of 1955, in which no claim of adultery was made. According to the court, the husband filed for divorce in 2019 without citing any evidence of adultery, only stating that the wife had previously informed him that he was not the child’s father. It stated that the couple’s marriage was formally sealed in 2010 and the boy was born in 2018. In 2019, the wife moved out of the husband’s home.

It was observed that the child’s DNA paternity test was carried out in 2019 without consulting the youngster or his mother (wife). The court noted that the presumption under Section 112 of the Indian Evidence does not even come up in the present case because the case record clearly shows that the petitioner- At the time of the son’s birth, the husband and the respondent-wife were cohabitating. The husband had access to the woman for cohabitation as a result.

The Supreme Court’s ruling in case of  Aparna Ajinkya Firodia v. Ajinkya Arun Firodia was cited, in which it was claimed that “Family Courts have the authority to order for a DNA test, but it should not be directed in a routine manner, without any justification for the same”; the same should be done after uly complying with the principles of natural justice. Therefore, the husband cannot unfairly benefit from the DNA test in order to avoid his responsibility. It additionally said that any matrimonial disagreement between the husband and wife regarding a child born outside of wedlock could not be used against them, even through the use of a DNA paternity test.This Court is aware of this fact very well.

The court ruled that it had no choice but to lean towards the sanctity of life, or more specifically, towards the sanctity of childhood, when making a decision between the sanctity of marriage and that of childhood, while refusing to provide any relief to the man. No court may close its eyes in order to solely achieve the purpose of justice in matrimonial cases while losing the parental battle and harming the children. The marriage may or may not end, but the spirit of justice cannot allow the child or childhood to end.

CONCLUSION DRAWN:-

Constant marital arguments have a significant effect on the couple, but it’s also critical to consider how they affect the family’s children. The best interests of a kid are frequently overlooked in a litigious family, and a youngster who witnesses arguments and hostility between his or her parents often develops a high sensitivity to such topics, which can lead to long-term psychological and emotional problems. Chronic stress can also lead to health problems in children and young people.