Recently, the Andhra Pradesh High Court refused a man’s request to conduct DNA tests on his two children to prove allegations of adultery against his wife.

The bench of Justice Tarlada Rajasekhar Rao held that children cannot be used as a means to establish claims of adultery between estranged spouses.

The court observed that a husband cannot seek DNA testing of his children merely to prove that his wife was unfaithful. “For the purpose of proving the wife is committing adultery, the petitioner cannot seek a DNA test of his children,” the judge said.

The case arose from a divorce petition filed by the husband, who claimed that his wife had deserted him for more than two years. After the trial court refused to allow DNA testing of the couple’s two children, he approached the High Court arguing that the tests were necessary to show that he was not their biological father and that his wife had committed adultery.

However, the High Court emphasised that children cannot be treated as tools to settle disputes between parents. It said allegations of adultery must be proved through other evidence.

The court further noted that even if a husband suspects infidelity, he cannot ask for DNA tests of children who are not parties to the case and who are not seeking any financial support from him.

Referring to Section 112 of the Indian Evidence Act, the court pointed out that a child born during a valid marriage is legally presumed to be legitimate.

The court also observed that courts have repeatedly cautioned against ordering DNA or blood tests in matrimonial disputes because such tests could harm the child’s reputation and social standing.

The High Court relied on the Supreme Court’s 2024 decision in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, which stressed that decisions regarding DNA testing must prioritise the welfare and interests of the child rather than the parents’ dispute.

It reiterated that a child cannot be used as a “pawn” to prove adultery and that the child’s rights and dignity must remain paramount.

Addressing the husband’s claim that DNA testing was necessary for a fair trial, the court said the rights of third parties — in this case, the children — cannot be compromised for the benefit of one parent’s case.

The court also noted that the husband had filed the divorce petition on the ground of desertion, not adultery, making the request for DNA testing irrelevant to his claim.

Accordingly, the High Court dismissed the petition and imposed costs of ₹3,000 on the husband, directing him to deposit the amount with the District Legal Services Authority within three weeks. The court warned that failure to pay could lead to civil recovery proceedings, including possible imprisonment.

Advocate MMM Krishna Sanapala appeared for the husband, while advocate Arrabolu Sai Naveen represented the wife.