Court Upholds Mother's Status, Dismisses DNA Test Demand in Partition Case
The Orissa High Court ruled against ordering a DNA test for a child, emphasizing it would undermine the mother's authority and violate legal principles. The decision, rendered by Justice BP Routray, dismissed a petition in a property partition case. It stressed the irrelevance of DNA testing in this context.

- Country:
- India
The Orissa High Court has reaffirmed the mother's status in a property partition case, rejecting a petition for a DNA test of a child. Justice BP Routray, delivering the judgment, stated such a test would insult the mother's authority and be contrary to legal norms.
The court observed that ordering a DNA test would not yield significant results, especially considering the opposition's inability to dispute the mother's marital status or her affiliation with the deceased Thuta Budula. Justice Routray emphasized that societal recognition surpasses the need for DNA proof in determining familial connections.
The judgment underscored the necessity for a balanced approach, weighing privacy rights against legal duties. It ruled that DNA tests should not be a standard procedure in paternity-related cases, highlighting the importance of judicial discretion under Section 112 of the Evidence Act.
(With inputs from agencies.)