The Karnataka High Court has clarified that DNA tests cannot be ordered in civil disputes unless the stringent conditions laid down under Section 112 of the Evidence Act are satisfied. Justice M. Nagaprasanna quashed a district court order directing a DNA test in a partition suit involving the family of A.C. Sanne Gowda.
The dispute arose when Sanne Gowda’s sons from his first marriage sought a DNA test of his second wife, Lakshmamma, and their son Harish Kumar, claiming that Sanne Gowda had undergone a vasectomy prior to Harish’s birth. They argued that a DNA test was necessary to establish paternity.
The High Court held that since Harish Kumar was born within a valid marriage, the trial court’s order authorizing the DNA test was illegal and set aside. The court emphasized that compelling DNA tests without legal necessity undermines marital sanctity, questions a child’s legitimacy, and violates constitutional rights to privacy and dignity under Article 21.
Justice Nagaprasanna highlighted that Section 112 presumes a child born during a lawful marriage is legitimate, and this presumption can only be rebutted if non-access between spouses during the relevant period is clearly pleaded and proven. The court noted that forcing DNA tests in such cases contradicts public morality and societal stability.
The bench also reviewed the background of the case: In 2016, Umesh and Lokesh, sons of Sanne Gowda from his first wife, filed a partition suit naming Harish Kumar, Sanne Gowda, and Lakshmamma as defendants. After completing examinations, the plaintiffs sought a DNA test in April 2025, which the trial court granted despite objections. Harish Kumar challenged this order, asserting that ample evidence already established the marriage of his parents and that mandatory DNA testing violated his rights under Articles 19 and 21.
After reviewing the facts and precedents, the High Court concluded that the trial court ignored the presumption of legitimacy, and declared the DNA test order and related proceedings null and void.
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