DNA test to be ordered only in rare and exceptional circumstances: Kerala HC

Issue:- An appeal was filed by a man against the family court’s decision to reject the paternity test.

The estranged wife of the man had claimed that he was the father of her child and alleged that he was disputing the same only to avoid maintenance.

Analysis:- It was emphasized by the Kerala HC that in every case where the paternity of the child is in question the DNA Test cannot be ordered.

The court said that the dispute of paternity cannot be made as a warrant to conduct the test, as there must be a specific denial of paternity.

The court said that usually, the parties are told to lead the evidence and Justice A. Badharudeen explained that the paternity test can be ordered only in rare and exceptional cases.

Case Title:- Sujith Kumar S v Vinaya VS & Anr.

Written By: Shianjany Pradhan (@SHIANJANY PRADHAN)