In a landmark judgment, the Allahabad High Court has ruled that a man cannot deny paternity of his children while refusing to undergo a DNA test. The judgment emphasized that the applicant must either provide maintenance or consent to the DNA test. The court dismissed a father's application, challenging a family court's order for a DNA test to establish paternity, stressing that the best interests of the children should be paramount in such matters.
The court pointed out that DNA tests, although invasive, are necessary to conclusively determine paternity, which directly impacts the children's right to maintenance. The Bench underscored that refusing a DNA test could lead to an adverse inference under Section 114 of the Indian Evidence Act, allowing the court to presume that the withheld evidence would be unfavorable to the person withholding it. The court highlighted the broader…
