When court can permit DNA Test
The core question involved in this petition is whether DNA test, in the facts and circumstances of the present case, is necessary. Indubitably, Deoxyribonucleic acid test, which is commonly known as 'DNA' test, is useful to determine the question of disputed paternity. Though the Court is empowered it cannot order a person to submit to such a test as a matter of routine and only in deserving cases such direction can be given. The Court is expected to exercise such discretion/power, in, matrimonial cases, only when such a test is in the best interest of the child. The Courts should exercise this discretion wisely. The object of the Court always is to find out the truth. In other words, only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test. DNA test, in any case, cannot be directed as a matter of routine. The Courts should record reasons as to how and why such test in the case is necessary to resolve the controversy and is indispensable. That is necessary since a result of such test, in matrimonial and succession cases, being negative will have an effect of branding a child as a b*st*rd and the mother as an unchaste women1
Bombay High Court
Sunil Eknath Trambake vs Leelavati Sunil Trambake on 1 December, 2005
Equivalent citations: AIR 2006 Bom 140, 2006 (4) BomCR 478, II (2006) DMC 461;2006(2) MH L J 654
D.B. Bhosale, J.https://www.lawweb.in/2013/11/when-court-can-permit-dna-test.html
