HC: Forcing DNA Test Despite Mother's Admission Insults Motherhood

Cuttack- The Orissa High Court has maintained that directing the DNA test of a child on the face of admission of the mother would be an insult to her motherhood and against the law.

This was observed by Justice BP Routray, the single bench judge of the Orissa High Court, which rejected a petition to direct DNA test of an opponent party in a property partition case. The opposition party had challenged the trial court's judgment, which rejected to direct the DNA test of a person.

“I do not see this as a fit case to be directed for DNA test of the man in this case. No infirmity is seen in the order of the learned trial court refusing the prayer of the petitioner. Resultantly, the Civil Miscellaneous Petition (CMP) is dismissed,” Justice Routray said in a judgment on September 1.

The court also said that the man in question is now 58 years old. So the trial court has rightly observed that direction for DNA test at this stage would not bring any fruitful result, the order said.

In the case at hand, Justice Routray said, admittedly, the suit is for partition where the opposition party disputes the parentage of a man despite the evidence of his mother.

The man's mother has stated in her cross-examination that the man is her son through Thuta Budula. Moreover, the opposition party does not dispute the status of the mother as the wife of Thuta Budula, who is dead now, nor does he dispute valid marriage between Thuta Budula and the mother at any point of time.

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