HC rules out forced DNA test

JAIPUR, Aug 21: The Rajasthan High Court has held that nobody can be forced to undergo a Deoxyribo Nucleic Acid DNA test for confirmation of paternity.

Accepting a review petition filed by Vaid Kaur against an order passed by the district judge of Jhunjhunu, High Court Judge Shiv Kumar Sharma set aside the lower court8217;s order which directed the petitioner and her minor son to go for a DNA test to establish the paternity. The High Court held that the parents8217; consent for taking a blood sample for DNA testing could not be obtained by force. At the same time, denial of consent should not be inferred in a negative way against the person concerned, ruled Justice Sharma.

In her review petition, Vaid Kaur said she was a minor when she was married to Shubhkaran in 8217;72. In 8217;94, her husband filed a divorce case against her accusing her of infidelity. He told the lower court that he was not the father of the child as he had not exercised his conjugal rights after the gauna ceremony in 8217;81. Vaid Kaur argued that she had stayed in her husband8217;s house for five months after the ceremony.