Mumbai court allows DNA test of child to ascertain paternity

The mother faces adultery charges and the prosecution alleged that the child was born out of her marriage.

The sessions court has allowed the prosecution to conduct a DNA test to ascertain paternity of a two-year-old child to prove the adultery charge against the mother. Her husband committed suicide allegedly owing to the woman’s extra-marital affair in November 2013.

The prosecution alleged that the man was harassed by the woman and her lover. The woman used to work at a showroom with her lover. They were arrested for abetment to suicide in November 2013. She was two months pregnant when her husband committed suicide.

The prosecution alleged that the child was born out of her illicit relationship.

Three-and-a-half years later, the prosecution filed a plea, seeking a DNA test of the child. Public prosecutor Mangesh Arote alleged that the test was necessary to prove adultery charge.

Objecting to the plea, she said that the DNA test would adversely affect the child’s health. Arote produced a police report by a surgeon, saying that the DNA test can be conducted.

Sessions judge AN Sirsikar accepted the prosecution plea, observing that “DNA evidence is now a predominant forensic technique for identifying criminals. Such scientific methods not only help to convict, but also serves to exonerate. The sophisticated technology makes it possible to obtain conclusive results”.

The court further observed that the evidence of DNA fingerprinting would be helpful to substantiate the charge against the accused and no prejudice would be caused to them if the DNA test was allowed.

The CASE

According to the prosecution, the couple got married in February 2013. They were residing in a rented house in Sion

After marriage, the woman started working in a car showroom where she met her lover, who was the manager over there. She allegedly left her husband and started living-in with the manager, which depressed her husband.

In November 2013, a few days before the husband committed suicide, the woman informed him that she was two months pregnant and wanted a divorce him

Before hanging himself on November 18, he had shot a 44-minute video.

He said he was taking the drastic step because his wife did not end her affair despite his pleas.