The Supreme Court on Wednesday ruled that a DNA test can be ordered by courts as a “legitimate and scientifically perfect” tool to establish adultery in divorce cases.
“DNA testing is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity. This should simultaneously be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the assertions made by the husband, and to establish that she had not been unfaithful, adulterous or disloyal. If the wife is right, she shall be proved to be so,” said a bench of Justices J S Khehar and R K Agrawal.
The court, which upheld an order allowing a man’s plea to have a DNA test conducted on a child born to his wife, said that but for the test, it would be impossible for the husband to establish and confirm the assertions of adultery made against him in his divorce petition.
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