In a marital dispute, the Andhra Pradesh High Court has rejected a plea by a husband to conduct DNA tests on his two children.
The court said that children should not be drawn into personal disputes between parents.
Dignity, rights of children
The husband, during the divorce case, had filed a plea claiming that it would prove that he is not the biological father of his wife’s children.
He further said that it would support his claim of adultery by his wife.
However, in its order, Justice Tarlada Rajasekhar Rao said that protecting the dignity and rights of children is important.
The court stated that using children to prove claims of infidelity is not legally acceptable.
Trial court also rejected request
Earlier, the request was rejected by the trial court too.
Now, the High Court refused to accept his DNA request and said that allegations must be proven through other evidence without involving the children.
The court also referred to Section 112 of the Indian Evidence Act. The section considers a child born during a valid marriage as legitimate unless proven otherwise with strong evidence.
The court also pointed out that ordering DNA tests in family disputes can negatively affect a child’s reputation and mental health.
The judges also cited a 2024 Supreme Court ruling regarding DNA testing.
