High Court Protects Child from Unwarranted DNA Test in Adultery Dispute

The Nagpur bench of the Bombay High Court has quashed a family court order mandating a DNA test for a minor child amidst a parental divorce case involving adultery accusations. The court emphasized that such measures are only justified under exceptional circumstances, safeguarding the child's best interests.

The Bombay High Court's Nagpur bench has intervened in a delicate case concerning a child's paternity amidst divorce proceedings, where the father alleged adultery by the mother.

Quashing the family court's earlier directive for a DNA test, Justice R M Joshi highlighted that such tests should only be mandated under exceptional circumstances, prioritizing the child's welfare.

The court underscored the importance of proving adultery through means other than a mandatory DNA test, echoing a stance consistent with Supreme Court rulings, which respect a child's autonomy and best interests.