APARNA AJINKYA FIRODIA versus AJINKYA ARUN FIRODIA

APARNA AJINKYA FIRODIA versus AJINKYA ARUN FIRODIA

The appeal was allowed and the Family Court and High Court orders directing DNA testing of the minor were set aside. Section 112 creates a conclusive presumption of legitimacy for a child born during a valid marriage that can be rebutted only by strong, cogent evidence proving non-access at the relevant time; a mere DNA report does not displace Section 112. Section 114(h) permits discretionary adverse inferences but cannot be used to compel DNA testing of a child or to penalise a mother for protecting the child's best interests. DNA testing of minors in matrimonial disputes is to be ordered only in exceptional cases when indispensable and when prima-facie material exists to dislodge...

Parties
Appellant (wife): Aparna Ajinkya Firodia; Respondent (husband): Ajinkya Arun Firodia
Jurisdiction
India
Judgment Date
20 February 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Challenging Family Court Order Directing DNA Test
Outcome
Appeal allowed; impugned High Court judgment and Family Court order set aside
Legal Topics
Section 112 Evidence Act (presumption of Legitimacy), Section 114 Evidence Act (illustration (h), Adverse Inference), DNA Testing/paternity Testing of Minors, Best Interests of the Child, Access/non Access (paternity), Burden of Proof
Evidence Law Family Law Constitutional Law (right to Privacy) International Law (children's Rights) Section 112 Evidence Act (presumption of Legitimacy) Section 114 Evidence Act (illustration (h), Adverse Inference) DNA Testing/paternity Testing of Minors Best Interests of the Child +2 more

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Parties

Aparna Ajinkya Firodia

Appellant (wife)

Ajinkya Arun Firodia

Respondent (husband)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Challenging Family Court Order Directing DNA Test

Legal Issues

  1. 1 Whether a court may direct DNA testing of a minor child born during a valid marriage in matrimonial proceedings
  2. 2 Interplay between Section 112 (conclusive proof of legitimacy) and Section 114(h) (adverse inference) of the Evidence Act
  3. 3 Whether refusal to submit a child to DNA testing permits drawing an adverse inference under Section 114(h)

Ratio Decidendi

The appeal was allowed and the Family Court and High Court orders directing DNA testing of the minor were set aside. Section 112 creates a conclusive presumption of legitimacy for a child born during a valid marriage that can be rebutted only by strong, cogent evidence proving non-access at the relevant time; a mere DNA report does not displace Section 112. Section 114(h) permits discretionary adverse inferences but cannot be used to compel DNA testing of a child or to penalise a mother for protecting the child's best interests. DNA testing of minors in matrimonial disputes is to be ordered only in exceptional cases when indispensable and when prima-facie material exists to dislodge...

Court Disposition

Appeal allowed; impugned High Court judgment and Family Court order set aside

Orders

  • Impugned judgment of the High Court dated 22.11.2021 set aside
  • Order of the Family Court, Pune dated 12.08.2021 directing DNA test set aside