R. Rajendran v. Kamar Nisha and Others, 2025
The Court reaffirmed the primacy of Section 112 in protecting the legitimacy of children born during marriage, preventing casual or unsubstantiated claims from illegitimizing a child.
Judgement Details
Court
Supreme Court of India
Date of Decision
14 November 2025
Judges
Justice Prashant Kumar Mishra and Justice Vipul M. Pancholi
Citation
Acts / Provisions
Facts of the Case
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The dispute arose over the paternity of a child born in 2007 during a valid marriage.
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The respondent alleged an extramarital relationship with the appellant (a doctor) and claimed he was the biological father.
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FIRs were registered under Sections 417 and 420 IPC and the Tamil Nadu Women Harassment Act.
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During investigation, the police sought DNA testing of the appellant, respondent, and the child.
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The Madras High Court ordered the DNA test, which was affirmed by a Division Bench, prompting the Supreme Court appeal.
Issues
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Whether a DNA test can be directed routinely to determine paternity?
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Whether the presumption of legitimacy under Section 112 can be rebutted without strong evidence?
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Whether compulsory DNA testing violates fundamental rights under Article 21?
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Whether Sections 53 and 53A CrPC authorize DNA testing in such circumstances?
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Whether an adverse inference can be drawn from refusal to undergo a DNA test without a lawful order?
Judgement
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he Supreme Court set aside the Madras High Court order directing DNA testing.
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DNA tests cannot be used as a tool for speculative “fishing inquiries.”
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The presumption of legitimacy under Section 112 operates as conclusive proof, and can only be rebutted by strong, unambiguous evidence proving non-access between spouses.
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Compelling DNA testing is a serious intrusion on privacy and personal liberty, and must satisfy the tests of legality, legitimate state aim, and proportionality.
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There must be a direct and demonstrable nexus between the DNA test and the alleged offense; no such nexus existed in this case.
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An adverse inference cannot be drawn unless a lawful order for DNA testing has been issued.
Held
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DNA tests cannot be ordered routinely in paternity disputes.
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The child’s legitimacy remains protected under Section 112.
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The High Court’s direction for DNA testing was quashed.
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Appeal allowed in favor of the appellant.
Analysis
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The Court reaffirmed the primacy of Section 112 in protecting the legitimacy of children born during marriage, preventing casual or unsubstantiated claims from illegitimizing a child.
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DNA testing is recognized as a powerful scientific tool but must only be used when absolutely necessary, proportional, and relevant to the case.
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Article 21 was invoked to emphasize that privacy rights of individuals including the child and the alleged father cannot be overridden by speculative investigation.
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Consent of one party does not waive the privacy rights of others involved.
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The judgment prevents misuse of DNA profiling in criminal investigations for collateral issues unrelated to the offense.
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Establishes a two-fold safeguard: (i) necessity for the test, (ii) balance of interests between parties.
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Courts must exercise circumspection in ordering scientific tests that may affect the dignity, social legitimacy, or legal rights of individuals.