The Kerala High Court has recently underscored the importance of not automatically ordering DNA tests to establish the paternity of a child whenever there is a dispute over parentage. According to the Court's statement, merely having a disagreement about a child's parentage does not suffice as a reason to mandate a DNA test. The Court stressed that a clear and explicit denial of paternity must be present for such an order to be justified.

Justice A. Badharudeen clarified that DNA tests or other scientific tests should only be ordered in rare and exceptional cases of significant importance where they are absolutely necessary to settle a dispute.
The Court recommended that in cases other than those with rare and exceptional circumstances, the involved parties should be instructed to provide evidence to establish the child's paternity.
“Only when the court finds it impossible to draw an inference based on such evidence or the controversy in issue cannot be resolved without DNA test, it may direct the DNA test and not otherwise. To put it differently, only in rare and exceptional cases of deserving nature, DNA test or any other scientific test become indispensable to resolve the controversy”, in clear words of the court.

The High Court made these comments while rejecting a man's appeal against the decision of a family court, which had denied his request for a paternity test.
The petitioner, who was in a dispute with his estranged wife, contested her assertion that he was the biological father of her child. The wife opposed the petitioner's request for a paternity test, alleging that his motive was to evade his financial responsibility to provide maintenance for the child.

Therefore, the High Court dismissed the man's petition and upheld the decision of the family court.

Case: Sujith Kumar S vs. Vinaya VS & Anr O.P(Crl).No.631 of 2023.