Legal obstruction for applying for DNA test of a baby to confirm parentage

Dear Sir/madam,

There is no legal obstruction in a family court to apply for a DNA test. However, if the facts and circumstances presented before the family court does not make the case clear and there is left an error of doubt regarding the parentage of the child – the court can suo moto direct the family members to take up the DNA test. A similar sort of ruling was made by the Hon’ble Delhi High Court in the case of Rohit Shekhar Vs. Narayan Dutt Tiwari & another, where under the pretext of Section 112[1] of the Evidence Act, 1872 (Birth during marriage, conclusive proof of legitimacy) and Section 14[2] of the Family Courts Act, 1894 (Application of Indian Evidence Act, 1872) were referred to.

[1] The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

[2] A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act