Right to Privacy Cannot Outweigh Child’s Right to Know Father: Punjab & Haryana HC

The Punjab and Haryana High Court has ruled that a man’s right to privacy cannot outweigh a child’s right to know who his biological father is.

Justice Archana Puri dismissed a revision petition filed by a man challenging a trial court order that allowed a child’s request for DNA testing to confirm paternity. The Court observed that while the man’s privacy and dignity are important, they cannot override the child’s legitimate interest in knowing the truth about his parentage.

The case began when a minor, through his mother, filed a maintenance case under Section 125 of the Code of Criminal Procedure (CrPC). The man denied being the father, prompting the child to file a suit seeking a declaration of paternity. The mother claimed she had lived as a tenant in the man’s house in 1988, and they developed a relationship, leading to the child’s birth in 1990. The man, however, alleged that the child was from the woman’s previous marriage, which ended in 1994.

In 2015, the trial court allowed the DNA test. The man appealed to the High Court, arguing that under Section 112 of the Indian Evidence Act, a child born during a valid marriage is presumed legitimate unless it’s proven that the couple had no access to each other. However, the High Court clarified that this presumption is meant to protect children from social stigma in disputes between married partners, and it does not apply when an adult child himself approaches the court to prove paternity.

The Court noted that both the child and his mother are fully aware of the potential social consequences of a DNA test, yet they still chose to proceed. Justice Puri remarked that if the man is indeed the father, the test will remove all doubt; and if he is not, he should have no hesitation in proving it.

However, the High Court found it unnecessary for the trial court to authorise police force for collecting the DNA sample. It ruled that if the man refuses, the trial court must record his reasons and consider them with other evidence before deciding the case.

The man’s plea was dismissed, and the matter will proceed as per the trial court’s directions.