Allahabad HC Rejects Man’s Plea for DNA Test After Secretly Sampling Daughter’s Blood to Avoid Maintenance
The Allahabad High Court recently denied relief to a doctor who clandestinely took his daughter’s blood sample for a private DNA test to challenge her paternity and avoid paying maintenance. The court dismissed his plea for a fresh DNA test, condemning his actions and calling the private DNA report “nothing but trash.”
Justice Rahul Chaturvedi, presiding over the case, criticized the man’s deceitful methods and stated, “This gimmickry in the shape of a DNA report, conducted clandestinely at the behest of the appellant, is simply trash and cannot be relied upon. Nor can any order for conducting a de novo DNA report be issued in the absence of any pleading regarding non-access of the applicant with his wife during the last four years of marriage.”
The man, Dr. Ifraq Mohammad Ifraq Husain, married Smt. Shazia Parveen on November 12, 2013. Their relationship soured by 2017, with Shazia moving back to her parents’ home due to alleged mistreatment over dowry issues. In July 2019, Shazia filed a case seeking maintenance for herself and their two daughters.
To deny paternity and avoid maintenance, Dr. Husain secretly took a blood sample from one of his daughters and obtained a private DNA test from a lab in Hyderabad, which stated he was not the biological father. He then sought a court order to mandate fresh DNA tests for himself and his daughters. When this request was denied, he appealed to the High Court.
Justice Chaturvedi highlighted that once a child’s paternity is in question, the legitimacy presumption under Section 112 of the Evidence Act is conclusive, regardless of how soon the birth follows marriage. The court emphasized that DNA tests should only be a last resort and not used to impugn a child’s legitimacy without strong prima facie evidence of non-access.
The court condemned Dr. Husain’s allegations against his wife’s chastity, labeling them as attempts to evade maintenance responsibilities. It noted that DNA tests should not be routine but reserved for exceptional cases where non-access can be credibly established by the husband.
Referring to the Supreme Court’s 2021 ruling in Ashok Kumar v. Raj Gupta, the court reiterated that DNA tests should not be ordered when other evidence can establish or dispute relationships. The child’s right to identity must not be sacrificed for the father’s attempts to prove adultery.
The Allahabad High Court thus dismissed Dr. Husain’s plea, upheld the maintenance order from the Gram Nyayalaya, Patiali, Kasganj, and rejected his request for a fresh DNA test. The court stressed the importance of protecting the child’s interests and legitimacy in such disputes.
Case Title: Dr. Ifraq Mohammad Ifraq Husain vs. Smt. Shazia Parveen
