The Karnataka High Court set aside a Family Court order directing a DNA test in a child maintenance dispute. In its 3 November judgment, it returned the application to the Family Court for fresh consideration.
What the Family Court must consider
Justice Lalitha Kanneganti said an admission of a relationship is relevant evidence but does not establish paternity by itself. Before ordering a DNA test, the Family Court must consider the other evidence available, the effect of earlier proceedings and whether the legal presumption of legitimacy applies.
If the Family Court concludes a test is necessary, it must explain why other evidence is insufficient and why testing is proportionate. The High Court did not decide the underlying paternity or maintenance claim.
Karnataka High Court photograph by Vivek Urs, cropped, CC BY-SA 4.0.
Read the Karnataka High Court judgment (2026:KHC:61121, redacted PDF)