Kochi: The Kerala Supreme Court has granted a plea by a man who has been certified as infertile to conduct a DNA test on a child to prove his wife’s infidelity.
The decision of a department bank consisting of Judge A Muhamed Mustaque and Judge Kauser Edappagath came after considering a petition submitted by a man from Thiruvananthapuram serving in the army.
He had divorced for infidelity and claimed that his wife had led an adulterous life with her sister’s husband and that it was his child. The petitioner and his wife were married on May 7, 2006 and the child was born on March 9, 2007. He had gone to Lakadh for work after 22 days, and during those 22 days or after he had no physical relationship with his wife, while looking for a DNA test to prove his wife’s infidelity, he had claimed.
To resolve the case, the Supreme Court relied on the Supreme Court rulings of 2014 (Nandlal Wasudeo Badwaik v Lata Nandlal Badwaik and others) and 2015 (Dipanwita Roy v Ronobroto Roy). In those cases, the Supreme Court ruled that the DNA test was scientifically correct and can be approved to determine infidelity if a strong prima facie case is found, the Supreme Court said.
The Supreme Court upheld the plea, indicating that the man had presented an infertility certificate issued by a doctor from the Medical College, Thiruvananthapuram.
“DNA testing is the most authentic and scientifically proven means of establishing paternity and thus proving the petitioner’s case of infidelity and adultery,” said the Supreme Court, ruling that there was a strong prima facie allegation.
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