Rajasthan
Kid Can’t Be Used As Weapon To Get Divorce On Ground Of Adultery: Hc | Jaipur News
Jaipur: A child cannot be used as a weapon to get divorce on grounds of adultery, ruled Rajasthan High Court on Wednesday while rejecting a man’s petition to bring on record his alleged son’s paternity test results in the divorce case pending before the family court.
“The DNA paternity test requires to be conducted only under exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on grounds of adultery, on the strength of outcome of a DNA paternity test,” observed Justice Dr Pushpendra Singh Bhati.
The court was hearing the plea against the order of an Udaipur court which rejected the man’s plea to amend the divorce pleading, on the basis of DNA paternity test of the son.
It was submitted that the DNA paternity test report showed that he was not the child’s father.
In 2019, the DNA paternity test of the child was conducted sans taking the child or his mother into confidence, noted the court.
The court further observed that any matrimonial dispute between husband and wife pertaining to the child born from wedlock cannot be used for their own benefit via DNA paternity test, among other things. “This court is quite conscious of the fact that any frivolous claim of the husband or wife would have much adverse effect on the mental health of the child; though the husband has a right to prove adultery on the strength of cogent evidence against his wife,” said Justice Bhati.
Refusing to grant any relief to the man, the court said: “While choosing between the sanctity of marriage and sanctity of childhood, the Court has no option but to tilt towards the sanctity of life, i.e., tilting towards the sanctity of childhood.” IANS
“The DNA paternity test requires to be conducted only under exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on grounds of adultery, on the strength of outcome of a DNA paternity test,” observed Justice Dr Pushpendra Singh Bhati.
The court was hearing the plea against the order of an Udaipur court which rejected the man’s plea to amend the divorce pleading, on the basis of DNA paternity test of the son.
It was submitted that the DNA paternity test report showed that he was not the child’s father.
In 2019, the DNA paternity test of the child was conducted sans taking the child or his mother into confidence, noted the court.
The court further observed that any matrimonial dispute between husband and wife pertaining to the child born from wedlock cannot be used for their own benefit via DNA paternity test, among other things. “This court is quite conscious of the fact that any frivolous claim of the husband or wife would have much adverse effect on the mental health of the child; though the husband has a right to prove adultery on the strength of cogent evidence against his wife,” said Justice Bhati.
Refusing to grant any relief to the man, the court said: “While choosing between the sanctity of marriage and sanctity of childhood, the Court has no option but to tilt towards the sanctity of life, i.e., tilting towards the sanctity of childhood.” IANS
