3 weeks ago

Madras High Court cancels DNA test order in bigamy case

Madras High Court cancels DNA test order in bigamy case
Madras High Court cancels DNA test order in ‘bigamy’ case, says child’s paternity irrelevant · indianexpress.com

A man in India was accused of hiding the fact that he was already married before he married another woman.

The woman said he tricked her into the marriage and that he was dishonest with her.

During the court trial, the man suggested that he might not be the father of the couple's child.

Because of that, the prosecution asked the court to order a DNA test for the man, the woman, and the child.

A lower court agreed and ordered the DNA test.

But the Madras High Court said no.

The high court explained that finding out who the child's father is does not matter for the accusation of hiding a first marriage.

The court said DNA tests should only be used when they are really needed to answer the main question of the case.

Since the paternity question was just a side issue, ordering the test was wrong.

So the high court cancelled the DNA test order.

Key facts

Court
Madras High Court
Judge
Justice Mohammed Shaffiq
Relevant IPC Sections
494, 495, 420, 418, 468
Marriage Date
January 24, 2011, Madurai
Child's Birth Date
June 18, 2012
FIR Registration Year
2018
Ruling Date
July 24
DNA Test Sought By Prosecution
2025

Quotes

Justice Mohammed Shaffiq

Judge of the Madras High Court

“Before a Court directs or orders a DNA test, it must be shown that the result of the DNA test is directly in issue and that there is an ‘eminent need’ to order such a test.”
indianexpress.com
“There is no doubt in my mind that the DNA test or the paternity of the child would have no bearing in determining the alleged offences under Sections 494 and 495 of IPC.”
indianexpress.com

Sources

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