Terming it a case with an unusual prayer, the Delhi High Court has dismissed a woman’s plea seeking directions for her husband and father-in-law to submit their DNA Samples before a DNA profiling agency in Rohini. The woman along with her two children had approached the court after the father-in-law allegedly “cast doubt” on their identity by claiming that “they are not Mehtas* but Aroras*”.
Justice Prathiba M. Singh in the ruling said the prayers in the petition are extremely vague. However,the court added that DNA testing was being sought. “The settled legal position that DNA testing is to be ordered very sparingly and cannot be directed on the basis of allegations such as those that are made in this writ petition,” the court said as it refused to grant the prayer.
The court relied upon Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women wherein the apex court had considered the question of when it is appropriate for a court to mandate a paternity test using DNA testing.
“The Court held that with regard to DNA testing, the Court should use its discretion only after balancing the interests of the parties, and after considering the ‘eminent need’ and weighing the pros and cons of ordering a DNA test, especially when there is a conflict between the right to privacy of a person, who is being compelled to take the test and duty of the court to reach the truth,” Justice Singh said, while referring to the apex court ruling.
Observing that it does not find any need to grant the prayer for grant of DNA testing as sought in the present case, the bench said this is also considering the fact there are no pending matrimonial disputes between the woman and her husband.
“Moreover, when the husband of the petitioner is not challenging the identity of the Petitioner and the children, such a prayer is completely unwarranted. Determining the question whether the Petitioners and Respondent No. 2 [husband] are related to the Respondent No. 3 [father-in-law], and the Petitioner No. 1- daughter in law and the Petitioner Nos. 2 and 3 are grand children or not, would involve a factual analysis and appreciation of facts which cannot be undertaken in writ jurisdiction,” Justice Singh said.
However, the court also said that the petitioners or her husband are free to approach the Civil Court in accordance with law and seek and seek appropriate relief, if the need exists, in respect of any allegations that the other family members may be raising.”If any such proceeding is filed, the same shall proceed in accordance with law,” said the court, while disposing of the petition.
