The Allahabad High Court has emphasized in a significant ruling that DNA tests for children cannot be mandated solely on the basis of allegations against the wife regarding her fidelity without concrete evidence. It has underscored the necessity for court-ordered DNA tests, highlighting that such tests hold validity only when authorized by the court and cannot be conducted without the consent of the concerned parties.

The court deemed the DNA test report submitted by the petitioner father, which involved taking a blood sample from his daughter to evade paying maintenance allowance, inadmissible.

Furthermore, the request for a new DNA test was denied. The Allahabad High Court instructed the petitioner to settle the backlog of maintenance allowance, as ruled by the Village Court in favor of his wife and two children, within a month, and to continue providing regular maintenance allowance starting from July. Additionally, the petition contesting the validity of the lower court's order was dismissed.

Justice Rahul Chaturvedi issued this order concerning the petition and revision petition filed by Dr. Irfaq, also known as Mohammad Irfaq Hussain. The court highlighted that the husband and wife resided together for four years during their marriage. It noted that the husband did not assert anywhere in the application that he had not engaged in physical relations with his wife during this period.

The court emphasized the legal presumption that children born during a lawful marriage are presumed to be the offspring of the married couple. It stated that anyone disputing this presumption must provide evidence to establish that the child is not biologically theirs.

The petitioner got married to the respondent on November 12, 2013. A dispute arose regarding the demand for Rs 5 lakh cash and a motorcycle as dowry, leading the wife to return to her parental home with their two children. Subsequently, the petitioner filed for maintenance under Section 125 of the Code of Criminal Procedure in the village court of Kasganj. During the proceedings, Dr. Yachi obtained blood samples from the daughters and sought a DNA test report from a lab in Hyderabad, which was presented in court. As a result, the third party opposing the petitioner declared his daughter as an illegitimate child.

The court sought objection from the wife and ordered to pay maintenance allowance. The appeal filed against this was rejected by the Additional District Judge. After this the petitioner filed a petition and revision application in the High Court. The court said that the petitioner got the DNA test done to avoid paying maintenance. The investigation was not conducted as per court orders. Such reports are not reliable. Paternity of children cannot be denied merely by blaming the wife. DNA testing cannot be ordered without solid evidence or basis.