KOCHI: The Kerala high court has allowed the plea of a man certified as infertile to conduct DNA test of child to prove wife’s infidelity.
The decision by a division bench comprising Justice A Muhamed Mustaque and Justice Kauser Edappagath came after considering a petition filed by a man from Thiruvananthapuram who is serving in the Army.
Seeking divorce on the ground of infidelity, he had alleged that his wife has been living an adulterous life with her sister’s husband and that it was his child. The marriage between the petitioner and his wife was on May 7, 2006 and the child was born on March 9, 2007.
He had gone to Lakadh for work after 22 days and there was no physical relationship with his wife during those 22 days or thereafter, he had alleged while seeking a DNA test to prove his wife’s infidelity.
To decide the case, the high court relied on the Supreme Court’s rulings of 2014 (Nandlal Wasudeo Badwaik vs Lata Nandlal Badwaik and Another) and 2015 (Dipanwita Roy vs Ronobroto Roy). In these cases, the apex court had held that DNA test is scientifically accurate and can be permitted to establish infidelity if a strong prima facie case is made out, the high court said.
While allowing the plea, the high court pointed out that the man had produced an infertility certificate issued by a doctor of Medical College, Thiruvananthapuram.
“DNA testing is the most authentic and scientifically proved means to establish the paternity and thereby prove the case of infidelity and adultery set up by the petitioner,” the high court said while holding that a strong prima facie case has been made out.
