The Rajasthan High Court recently made a significant ruling in a divorce case, where the husband had sought to introduce a DNA test as evidence to prove that he was not the biological father of a child born during their marriage. However, Justice Pushpendra Singh Bhati rejected the husband's application, emphasizing that DNA paternity tests should only be allowed in exceptional cases. The court firmly stated that children should not be used as weapons in divorce proceedings based on alleged adultery.
Justice Bhati underscored the importance of prioritizing the child's best interests and their mental and physical well-being. The court emphasized that society and the law should recognize the significance of childhood in the context of matrimonial disputes. The judge stressed that the impact of winning or losing a marriage is minimal compared to the potential harm inflicted on a child's constitutional rights and dignity due to the conflict between parents.
The case before the court involved a husband's plea to amend the divorce petition based on the results of a DNA paternity test conducted without the child or the mother's consent. The court found that this DNA test violated the child's rights, including property rights, the right to lead a dignified life, privacy rights, and the right to receive love and affection from both parents.
The court highlighted that before resorting to a DNA test, the party requesting it must first establish that there was no access between the husband and wife, meaning they were not living together during the time of conception. In this particular case, the parties were living together at the time of the child's birth, indicating that access between them was possible.
Justice Bhati concluded by rejecting the husband's plea, explaining that when choosing between upholding the sanctity of marriage and protecting the sanctity of childhood, the court had no choice but to prioritize the child's well-being. The judge emphasized that the court could not ignore the child's rights in pursuit of justice in matrimonial disputes, as it would be detrimental to the child's upbringing and parenthood.
The petitioner was represented by Senior Advocate Sachin Acharya and advocate Jitendra Choudhary.
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TAGS: Rajasthan High Court divorce proceedings DNA test husband child marriage adultery exceptional cases best interest of the child mental and physical health society law childhood matrimonial disputes property rights right to lead a dignified life right to privacy access between husband and wife plea sanctity of marriage sanctity of childhood parenthood justice.
