Case Note & Summary
The dispute arose from a divorce petition filed by the respondent-husband, alleging infidelity by the appellant-wife, Dipanwita Roy. The couple was married on 9.2.2003, and the husband sought dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, citing the wife's alleged adulterous lifestyle and debts. The husband claimed that the wife had been living separately since 22.09.2007 and had an extramarital relationship with Mr. Deven Shah, resulting in the birth of a child. The wife contested these allegations, asserting that they had maintained a continuous matrimonial relationship and denied any infidelity. The husband applied for a DNA test to prove that the child was not his, which the Family Court initially dismissed. Upon appeal, the High Court ordered the DNA test, leading the wife to challenge this decision in the Supreme Court. The Supreme Court upheld the High Court's order, emphasizing the importance of the DNA test in establishing the truth of the allegations while also considering the implications for the child's legitimacy. The court noted that while the presumption of legitimacy under Section 112 of the Indian Evidence Act is strong, it can be rebutted by scientific evidence. The court allowed the wife the option to comply with or disregard the DNA test order, indicating that refusal could lead to presumptions against her in the ongoing proceedings. The appeal was disposed of with these considerations.
Headnote
A) Family Law - Divorce - Grounds for Divorce - Allegations of Infidelity - Hindu Marriage Act, 1955, Section 13 - The respondent-husband alleged infidelity of the appellant-wife as grounds for divorce, seeking a DNA test to establish paternity of the child. The court held that the DNA test was a legitimate means to substantiate the allegations of infidelity, balancing the interests of both parties (Paras 8-14).
Issue of Consideration
Whether the High Court's order directing a DNA test to establish the paternity of the child born to the appellant-wife was justified.
Final Decision
The Supreme Court upheld the High Court's order for a DNA test, allowing the wife the option to comply or disregard the order, with implications for the ongoing divorce proceedings.
Law Points
- Hindu Marriage Act
- 1955
- Section 13
- Indian Evidence Act
- 1872
- Section 112
- DNA testing
- presumption of legitimacy
- infidelity allegations
