Strong prima-facie case a must for seeking DNA Test: Kerala High Court

The Kerala High Court recently highlighted that courts cannot allow applications for DNA testing (to determine one's parentage) in a routine manner or to allow parties to fish out evidence when there is no prima facie case made out in their favour [Gangadharan v. Sreedevi Amma & Anr.]..Justice C Jayachandran observed that courts can only allow the conduct of such DNA tests if a strong prima facie case is made out in favour of the person who seeks the DNA test."This court finds that, one cannot seek DNA test to be done only in his/her attempt to fish out evidence in support of his case. Unless and until the applicant makes out a strong prima facie case, such an application is not liable to be allowed", the Court held. .The Court made the observation while allowing a petition challenging a trial court's decision to allow the conduct of a DNA test in a property dispute. By way of background, a suit had been filed before the trial court in 2017 by a woman (plaintiff) who staked a claim in land belonging to a man who died in the 1980s. The plaintiff claimed that the deceased man was her father, and that he had been married to her mother, before he later married another woman. The plaintiff claimed that she was born out of the wedlock of the deceased man's first marriage. Therefore, the plaintiff contended that she and her mother were entitled to a part of the deceased man's property. The suit was contested by the deceased man's son, who contended that his father was never married to anyone else apart from his mother..To prove that she was the legitimate child of the deceased man, the plaintiff filed an application for conducting a sibling DNA test. A magistrate allowed the said plea.The magistrate's order was challenged by the deceased man's son (defendant before the trial court/ petitioner before the High Court) who filed an original petition before the High Court. .While deciding on the matter, the High Court acknowledged that courts have the power to allow the conduct of DNA tests, but only when applicants produce sufficient material to make out a strong prima facie case in their favour. It emphasised on the "the test of eminent need" laid down by the Supreme Court in the case of Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women and Others. In that case, the apex court had held that when a DNA test conflicts with a person's right to privacy, the Courts should balance the interests of parties and only order the test if it is essential (or "eminently needed") to arrive on a fair decision, especially in paternity cases..In the present matter, the High Court concluded that the plaintiff had failed to establish such a prima-facie strong case."As already held by the Hon'ble Supreme Court, the existence of a strong prima facie case is a sine qua non to seek conduct of the DNA test. Here, the plaintiff/ applicant herself admits that there exists no evidence, except the aspect sought to be proved by DNA analysis ... DNA analysis, even if allowed, will not establish the marriage between (the deceased man and the plaintiff's mother). At best, it may prove that the plaintiff is the daughter (of the deceased man). The proof of the same, by itself, would not carry the plaintiff anywhere. The prayer is one for partition," the Court explained. .The Court, therefore, allowed the petition before it and set aside the order allowing the conduct of a DNA test..Advocate Santheep Ankarath represented the petitioner (defendant in the partition suit). The first respondent (plaintiff in the partition suit) was represented by advocate S Vinod Bhat..[Read Judgment]