Bengaluru: Karnataka high court has ruled that courts must not allow DNA tests on demand unless the strict conditions laid down in Section 112 of Evidence Act are met. Justice M Nagaprasanna delivered the judgment while quashing a Channarayapatna civil court order that had authorised a DNA test in a partition dispute involving the sons of AC Sanne Gowda.The judge underlined that compelling such tests without legal necessity undermines the sanctity of marriage and the legitimacy of a child. He said it also violates the fundamental rights to privacy and dignity guaranteed under Article 21 of the Constitution. Section 112 of Evidence Act is based on the maxim “pater est quem nuptiae demonstrant”— the father is he whom the marriage indicates — presuming the legitimacy of a child born during lawful wedlock. A DNA test, the court held, can be ordered only when non-access during the relevant period is both pleaded and proved, since the presumption of legitimacy is rooted in public morality and societal peace.In 2016, AS Umesh and AS Lokesh, sons of Sanne Gowda from his first wife, filed a partition suit. They named as defendants Hareesh alias Harish Kumar, along with Sanne Gowda and his second wife Lakshmamma. The plaintiffs placed their evidence on record through examination and cross-examination. On Sept 7, 2023, after this stage was complete, Harish Kumar was examined as defence witness 1, and the case was posted for his cross-examination.At that stage, the plaintiffs sought a DNA test of all three defendants to establish blood relation and paternity through expert examination. The trial court allowed this plea in its order dated April 5, 2025, despite objections from Sanne Gowda and Lakshmamma.Harish Kumar challenged the order before the high court. He argued that there was already ample evidence proving the marriage between his parents, Sanne Gowda and Lakshmamma, through various proceedings. He said forcing a DNA test violated his rights under Articles 19 and 21 of the Constitution.On the other hand, plaintiffs Umesh and Lokesh contended that Sanne Gowda had undergone a vasectomy in 1979, while Harish Kumar was born in 1986, and therefore could not be his son. They said a DNA test was imperative as Harish Kumar, though claiming partition, was a stranger to their family.After reviewing the case and examining past judgments, Justice Nagaprasanna concluded that the trial court had ignored the fact that Harish Kumar was born within wedlock, despite marital disputes between his parents. The order permitting a DNA test, along with all related proceedings and reports, was declared null and void.
