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Ashok Kumar v. Raj Gupta & Ors.

Civil Appeal · 2021 INSC 587Decided 1 Oct 2021
Civil Appeal No. 6153 of 2021
Justice R. Subhash Reddy · Justice Hrishikesh Roy

Background

Ashok Kumar filed a civil suit claiming ownership of property left by the late Trilok Chand Gupta and Sona Devi, asserting he was their son. The couple's three daughters, named as defendants, denied he was their brother and claimed the property solely under their mother's will. After the plaintiff had already closed his evidence (which included sworn affidavits and certificates suggesting he was the couple's son), the defendants applied to have him undergo a DNA test to prove the biological relationship. The trial court dismissed this application as untimely and unnecessary, but the Punjab & Haryana High Court, in revision, directed the plaintiff to undergo the DNA test, prompting this appeal.

Decision Breakdown

The Supreme Court held that a DNA test should not be ordered routinely, only where there is a strong prima facie case, an "eminent need," and after balancing the parties' interests against the individual's constitutionally protected right to privacy (as recognised in K.S. Puttaswamy v. Union of India). The Court noted the plaintiff had already led substantial documentary evidence, including an affidavit from one defendant herself acknowledging he was raised as the parents' son, and that it was only after the plaintiff closed his evidence that the defendants sought the test, making the request both procedurally late and more a fishing expedition than a necessity. Since other evidence was available to establish or dispute the relationship, forcing a DNA test against the plaintiff's wishes would unjustifiably infringe his privacy and personal liberty, though the Court noted that his persistent refusal could still allow the trial court to draw an adverse inference under Section 114 of the Evidence Act. The High Court's order was set aside and the trial court's original order (refusing to compel the DNA test) was restored, with the suit to proceed on the existing evidence.

Lesson Learnt

Courts cannot force a person to undergo a DNA test merely because the opposing side wants one: such orders are permitted only when genuinely necessary and after weighing the individual's right to privacy; refusing such a test does not stop the case, but it may still count against the refusing party when the court finally evaluates the evidence.

Official source (sci.gov.in)View Judgment (PDF)

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