DNA Test Permissible in Adultery-Based Divorce Where Non-Access Is Clearly Pleaded: Madhya Pradesh High Court
The Madhya Pradesh High Court has reaffirmed the legal position governing the ordering of DNA tests in matrimonial disputes, holding that where a husband’s divorce petition is founded solely on allegations of adultery and is supported by clear pleadings of non-access at the time of conception, a DNA test may be lawfully directed by the Family Court.
In the present case, the High Court was examining a petition filed by the wife challenging an order of the Family Court that permitted the conduct of a Deoxyribonucleic Acid (DNA) test to determine whether the girl child born during the subsistence of the marriage was the biological child of the respondent-husband. The divorce proceedings had been initiated exclusively on the ground of adultery, and no declaration regarding the legitimacy of the child was sought.
The Single Bench of Justice Vivek Jain noted that the divorce petition contained specific and unambiguous pleadings of non-access at the relevant time when the child was conceived. The Court took particular note of the fact that the husband, serving in the Indian Army, had returned home in October 2015 and was informed within four days by the wife—then serving as a Constable in the Madhya Pradesh Police—that she was pregnant. The Court observed that such an assertion, when read in conjunction with the timeline pleaded, constituted a clear case of non-access during the period of conception.
Relying upon the authoritative pronouncements of the Supreme Court in R. Rajendran v. Kamar Nisha (2025) and Dipanwita Roy v. Ronobroto Roy (2015), the High Court reiterated that while courts must exercise caution in ordering DNA tests, such tests are permissible in appropriate cases where:
(i) necessary pleadings are present,
(ii) the dispute pertains to the allegation of adultery, and
(iii) no declaration of illegitimacy of the child is sought.
The Bench emphasised that the purpose of the DNA test in the present matter was limited strictly to adjudicating the allegation of adultery and not to undermine the legal status or dignity of the child. In this context, the Court held that the Family Court had acted within its jurisdiction and had committed no error in allowing the application for DNA testing.
The Court also took note of the prolonged litigation history between the parties, observing that this was the third divorce petition filed by the husband, with earlier proceedings being delayed on account of unsuccessful attempts at mutual consent divorce. The pending nature of the proceedings since 2021 further underscored the necessity of allowing evidentiary clarity.
Accordingly, the High Court dismissed the wife’s petition and upheld the order of the Family Court, reinforcing the principle that DNA testing may be directed where the pleadings and circumstances justify such a course in matrimonial disputes centered on allegations of adultery.