Child’s Right to Know Father’s Identity Prevails Over Man’s Privacy: P&H High Court

The Punjab and Haryana High Court has ruled that a man’s right to privacy cannot outweigh a child’s right to know the truth about his father.

Justice Archana Puri passed the order while dismissing a man’s plea against a trial court’s decision to allow a DNA test to verify his paternity. The Court said that justice to the child must come first, and the truth should be established when it can be proved.

The case began when a child, through his mother, filed a plea for maintenance under Section 125 CrPC. The man denied being the father, arguing that the child was born when the mother was married to her former husband. The trial court in 2015 allowed a DNA test, which the man challenged before the High Court.

He relied on Section 112 of the Indian Evidence Act, which presumes that a child born during a valid marriage is legitimate. But the Court clarified that this presumption applies when parenthood is denied by one spouse during marriage—not when a child, on attaining adulthood, approaches the Court to confirm paternity.

The Court observed that both the child and the mother knew the possible social consequences of the DNA test but still insisted on it, which showed their determination to establish the truth.

Justice Puri also noted that if the man is indeed the father, the test will confirm it beyond doubt; if not, he suffers no injustice. However, the Court modified the trial court’s direction, holding that no police force should be used to compel the man for the DNA sample. Instead, the trial court should consider his refusal and draw appropriate conclusions at the right stage.