印度最高法院DNA检测与婚生推定案

In April 2025, the Supreme Court of India adjudicated a matrimonial dispute where the husband, Ajinkya Arun Firodia, sought a DNA test for a child born during the marriage, alleging infidelity. The wife, Aparna Ajinkya Firodia, opposed the test, relying on Section 112 of the Indian Evidence Act, which provides a conclusive presumption of legitimacy if the child is born during a valid marriage. The High Court had earlier directed the DNA test. The Supreme Court set aside that order, holding that mere suspicion of adultery cannot outweigh the legal presumption that protects the child’s status and dignity. The Court stressed that a DNA test should not be ordered routinely to bastardize a child unless there is strong prima facie proof of non-access between the spouses during the relevant period.

The Supreme Court allowed the wife’s appeal and quashed the High Court’s direction for a DNA test. It held that in the absence of proof of non-access, the child is conclusively deemed legitimate, and a DNA test shall not be ordered merely on suspicion.

Whether a court can direct a DNA test to challenge the legitimacy of a child born in a subsisting marriage when the conclusive presumption under Section 112 of the Indian Evidence Act applies, and whether an unsubstantiated allegation of adultery is sufficient to override the child’s right to identity, privacy and dignity.

The judgment strongly reaffirmed the presumption of legitimacy and the protective intent of Section 112. It safeguarded children from invasive medical procedures and upheld family integrity against frivolous litigation. By declaring that DNA technology cannot be weaponized in matrimonial disputes without compelling evidence, the ruling was widely praised as a progressive step for child rights, privacy, and the prevention of misuse of scientific evidence in family courts.