Kochi: The Kerala High Court reiterated that courts cannot order DNA tests to determine paternity in a routine manner and a strong prima facie case must be made out for conducting such a test.

Justice C. Jayachandran said that courts cannot routinely allow applications for DNA testing (in determining one's parentage) or permit parties to produce evidence unless a prima facie case is made out in their favour.

The court said this

The court made this remark while accepting a petition challenging the trial court's decision to allow DNA testing in a property dispute. According to the court, "No person can seek DNA testing merely in an attempt to obtain evidence in support of his case. Unless the applicant makes out a strong prima facie case, such an application cannot be allowed."

this is the matter

A woman (plaintiff) had filed a suit before the trial court in 2017, claiming land belonging to a man who had died in 1980. The plaintiff claimed that the deceased was her father and that he had married her mother before later marrying another woman.

The plaintiff claimed that he was born from the first marriage of the deceased person and therefore argued that he and his mother were entitled to a share of the deceased person's property. The suit was fought by the son of the deceased person, who argued that his father had not married anyone other than his mother.

To prove that she was the legitimate child of the deceased, the plaintiff filed an application to conduct DNA testing of the siblings. A magistrate allowed the petition. The magistrate's order was challenged by the son of the deceased, who filed an original petition before the High Court.