DNA Test Can Be Ordered in a Paternity Suit When Paternity Is the Main Issue and No Other Evidence Can Decide It

Case Name: Chaturbhuj Pradhan v. Amar Pradhan & Anr.

Citation: 2026 INSC 600

Date of Judgment/Order: May 29, 2026

Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Held: The Supreme Court held that a DNA test should not be ordered mechanically or as a matter of routine, but it may be directed where paternity is directly in issue, there is no other evidence capable of giving a clear answer, and the balance of interests favours such scientific determination. The Court clarified that the right to privacy of the person asked to give a DNA sample is important but not absolute, and must be balanced against the claimant’s legitimate interest in establishing biological identity and consequential legal rights. Where the person claiming paternity has filed a civil suit specifically for declaration of status and inheritance rights, and the alleged father has consistently denied paternity, a DNA test may become necessary to resolve the real controversy.

Summary: The dispute arose from a civil suit filed by Amar Pradhan seeking a declaration that he is the son of Chaturbhuj Pradhan and is consequently entitled to a 1/3rd share in his property. Amar claimed that he was born in September 1999 from a consensual relationship between his mother and Chaturbhuj in January 1999. Chaturbhuj denied paternity, relied on his earlier acquittal in a criminal case under Section 376 IPC, and argued that he could not be compelled to undergo DNA testing. He also contended that prior maintenance proceedings had resulted in observations against Amar and his mother and that the civil suit was barred by res judicata. The Supreme Court rejected these objections, holding that earlier maintenance proceedings were summary in nature and did not amount to a full-dress trial on paternity. Since Amar’s civil suit directly raised the issue of paternity, and no other evidence could conclusively determine the question, the DNA test was justified.

Decision: The Supreme Court dismissed the appeal and upheld the concurrent orders of the Civil Court and the Chhattisgarh High Court directing Chaturbhuj Pradhan to undergo a DNA test for determination of Amar Pradhan’s paternity. The Court held that the balance of interests lay in favour of Amar, who had lived with the unresolved question of paternity throughout his life and could otherwise be denied legal rights flowing from his claimed status as Chaturbhuj’s son. The Civil Court was directed to fix a date for conducting the DNA test and thereafter proceed with the pending civil suit in accordance with the result received. Pending applications were disposed of, with no order as to costs.