Overview
- Justice Vivek Jain dismissed the wife's petition and affirmed the family court's August 18, 2022 order directing a DNA test of the minor child.
- The court relied on specific pleadings of non-access and timing inconsistencies, citing the husband's October 2015 return, a pregnancy disclosure within four days, and a birth eight months later.
- The husband, an Indian Army personnel, sought the test solely to substantiate adultery allegations and not to evade maintenance obligations for the child.
- The order notes that refusal to provide samples may permit an adverse presumption under Section 114(h) of the Indian Evidence Act and corresponding provisions of the Bharatiya Sakshya Adhiniyam, 2023.
- The case forms the couple's third divorce proceeding after an aborted mutual-consent attempt, with the current petition pending since 2021.