Recently, the Orissa High Court has held that ordering a DNA test of a child, when the mother has already clearly acknowledged parentage, amounts to an insult to her motherhood and violates Section 112 of the Indian Evidence Act. The ruling emphasizes that a child’s recognition in society often carries more weight than genetic proof, particularly in family and property matters.
The issue arose during a partition dispute, where a defendant sought a DNA test to challenge another individual’s claim to property. Justice B.P. Routray observed that the crucial consideration is whether a person is accepted as a member of the family, rather than solely proving biological parentage.
The Court noted that the mother had unequivocally identified the individual as her son through her late husband, and the petitioner did not question her marital status or the validity of her marriage. At this stage, any DNA testing was deemed unnecessary, particularly as the man involved is now 58 years old, and such tests would not meaningfully resolve the dispute.
The Court reiterated that DNA tests in paternity-related issues should only be ordered when there is a clear “eminent need,” rather than as a routine procedure. Justice Routray also highlighted that forcing someone to undergo DNA testing could violate their fundamental right to privacy.
“The law favors protecting the legitimacy of a child rather than allowing challenges that could stigmatize him,” the Court said. While upholding the trial court’s refusal, the Court made it clear that motherhood, once acknowledged by the mother herself, cannot be undermined by unnecessary scientific intrusion.
Case Title: Golapi Majhi Vs. Bhabanishankar Budulal @ Kisan and others
Case No: CMP No.758 of 2025
Coram: Justice B.P. Routray
Advocate for Petitioner: Adv. B. Sahoo
Advocate for Respondent: Adv. A.P.Bose
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