Allahabad: The Allahabad High Court has recently declared that DNA test can be used by the husband to support the claim of his wife’s infidelity.
It also observed that the test can be used by a woman to establish that she has not been unfaithful, adulterous, or disloyal.
The court issued these judgments when it was hearing a plea challenging a family court’s order issued in 2018.
According to Live Law, the bench of Justice Vivek Agarwal held:
“This should simultaneously be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the assertions made by the respondent-husband, and to establish that she had not been unfaithful, adulterous or disloyal.”
As per the details of the case, the petitioner’s husband gave customary divorce to her on 25th June 2014 citing infidelity.
Claiming that there was no cohabitation between him and his wife since 15th January 2013, he sought a DNA test of her child who was born on 26th January 2016 when she was in her parental house.
Rejecting the claim, the woman said no to the demand for the DNA test. She also said that there is no such provision in the law.
When the matter reached the Allahabad High Court, the judge citied Calcutta High Court order that was upheld by Supreme Court in Dipanwita Roy vs Ronobroto Roy in 2015 and said that the test can be used by man to establish his wife’s infidelity.