DNA test of child allowed to prove infidelity of spouse: SC
October 15, 2014  20:43
DNA test of a child can be allowed to prove infidelity of a spouse despite opposition from his or her partner, the Supreme Court today held, saying that if such test is resisted then adverse inference can be drawn against the person opposing it.

A bench headed by Justice J S Khehar upheld a Calcutta high court order directing DNA test of child on a plea of a man making allegations of infidelity on his wife, saying that child was born out of relationship of his wife with other person.

"The respondent (husband) feels that it is only possible for him to substantiate the allegations levelled by him (of wife's infidelity) through a DNA test. We agree with him. In our view, but for the DNA test, it would be impossible for the husband to establish and confirm the assertions made in the pleadings. We are therefore satisfied, that the direction issued by the High Court was fully justified," the bench said.
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