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Family LawSupreme Court of India

Dipanwita Roy v. Ronobroto Roy

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9744 of 2014)Decided 15 Oct 2014
Civil Appeal No. 9744 of 2014
Justice J.S. Khehar · Justice R.K. Agrawal

Background

A husband seeking divorce alleged that a child born to his wife was the result of an extramarital relationship. The wife denied the allegation and asserted continued marital cohabitation. The Family Court refused a DNA test, but the High Court ordered testing, leading to the wife's appeal.

Decision Breakdown

The Supreme Court upheld the testing direction with a qualification protecting the wife's choice. It found testing necessary in this particular dispute to substantiate or rebut the specifically pleaded allegation, while reiterating that such testing should be avoided where the issue can be resolved without it. The wife could comply with or decline the direction. If she declined, the trial court could assess the adultery allegation by drawing the evidentiary presumption contemplated under Section 114, rather than physically compelling compliance. The order concerned proof in the divorce proceeding and did not itself declare adultery proved or dissolve the marriage.

Lesson Learnt

DNA testing in a family dispute is a serious evidence decision involving privacy and the child's interests. A court may permit it when necessary, but the existence of a testing order does not by itself prove the allegation, and refusal can have evidentiary consequences.

Dipanwita Roy v. Ronobroto Roy – Legal Case Shots | LegalAware