High Court

Karnataka High Court sets aside DNA testing order, requires reasoned inquiry into necessity

Nyaya Prep • Published • 3 min read

A glass DNA helix behind a translucent screen, with an empty child chair and scales.
Necessity and privacy in paternity testing. · Nyaya Prep
The Karnataka High Court has set aside a Family Court order directing DNA testing in a disputed paternity maintenance case. Justice Lalitha Kanneganti held that an admitted physical relationship with the child's mother and the child's welfare do not alone establish the necessity of scientific testing. The Family Court must examine existing evidence, privacy interests and any applicable presumption of legitimacy before ordering intrusion. The matter was remanded for fresh consideration. The High Court did not determine biological paternity or reject the child's maintenance entitlement. It also distinguished an earlier refusal of DNA testing from a conclusive adjudication of parentage.
  • Karnataka High Court
  • DNA testing
  • Paternity
  • Maintenance
  • Code of Criminal Procedure
  • 1973; Bharatiya Nagarik Suraksha Sanhita
  • 2023; Indian Evidence Act
  • 1872

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