March 19, (THEWILL) — The Andhra Pradesh High Court in India has rejected a request by a man seeking to subject his children to DNA testing in a bid to prove allegations of adultery against his wife, ruling that minors cannot be used as instruments of evidence in matrimonial disputes.
In an order delivered on March 12, 2026, the court held that while parties in a divorce case are entitled to pursue legal remedies, such efforts must not undermine the rights, dignity and welfare of children who are not direct parties to the litigation.
The petitioner had approached the court asking for a directive to conduct DNA tests on the children, arguing that the outcome would help establish his wife’s alleged infidelity and strengthen his case in the ongoing divorce proceedings. However, the court declined the application, describing it as legally unsustainable.
Delivering the ruling, the court stated that “a child cannot be used as a pawn to prove allegations of adultery”, stressing that such requests fall outside acceptable legal standards in matrimonial disputes.
The bench further emphasised that “children are not parties to the matrimonial dispute and cannot be subjected to such tests merely to assist one party in proving a claim”, underscoring the need to shield minors from the adversarial nature of litigation.
It also held that “allegations of adultery must be established by independent and cogent evidence”, warning that courts should not permit invasive procedures that could harm the dignity and future of children.
Reaffirming established legal principles, the court noted that “there is a strong presumption regarding the legitimacy of children born during the subsistence of a valid marriage”, adding that such presumption cannot be displaced lightly.
The bench further observed that compelling minors to undergo DNA testing in such circumstances could have far-reaching psychological and social consequences, including damage to their identity and family stability, noting that “the court must be alive to the consequences such directions may have on the child.”
While Indian courts often withhold the identities of parties in matrimonial and child-related disputes to protect privacy and prevent undue exposure, a principle reflected in the absence of publicly disclosed names in this case, legal analysts say the ruling reinforces the judiciary’s cautious approach to ordering DNA tests, especially where such requests appear aimed at scandalising a spouse rather than resolving the substantive issues before the court.
They note that the decision strikes a balance between the pursuit of justice and the protection of vulnerable individuals, particularly children, whose interests must remain paramount in all family law proceedings.
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