Archive · 8 Aug 2026
Madras High Court cancels DNA test order in bigamy case
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.
The Madras High Court set aside a trial court order directing a man, his wife, and their minor child to undergo DNA testing in a bigamy case.
Justice Mohammed Shaffiq ruled that the child's paternity has no bearing on alleged offences under IPC Sections 494 and 495.
The complainant alleged the man concealed his first marriage before marrying her in Madurai on January 24, 2011.
The court held that DNA tests must not be ordered routinely and require an 'eminent need' where the result is directly in issue.
The high court said the trial court's order rested on a fundamental misapprehension of statutory framework and constitutional safeguards.
The prosecution had sought the DNA test in 2025 after the man suggested during cross-examination that he was not the child's biological father.
- Who
- Justice Mohammed Shaffiq of the Madras High Court, and a man facing bigamy charges along with his wife (the complainant) and their minor child.
- What
- The Madras High Court set aside a trial court order mandating DNA testing, ruling that the child's paternity is irrelevant to the bigamy allegations.
- When
- The ruling was given on July 24; the marriage was solemnised on January 24, 2011, and the FIR was registered in 2018.
- Where
- The ruling came from the Madras High Court; the marriage was solemnised in Madurai.
- Why
- The court held that paternity is only a collateral issue and not an ingredient of the offences under IPC Sections 494 and 495, so compulsory DNA testing was not justified.
- 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