Karnataka High Court Rejects Privacy Claim in DNA Test Paternity Case

The Karnataka High Court in Bengaluru has ruled that a defendant who voluntarily agreed to undergo a DNA test during cross-examination cannot later oppose the directive by invoking his right to privacy. Justice Vijaykumar A Patil upheld a trial court's order in a property partition suit, stating that scientific evidence was necessary as oral and documentary evidence had failed to conclusively establish the plaintiffs' paternity.

The legal dispute arose when a brother and sister filed a suit seeking partition and separate possession of family properties. The plaintiffs asserted that they were born to the defendant and his wife, Mahadevamma, making them legally entitled to a share in the family properties.

However, the defendant disputed their claim. He contended that the plaintiffs were actually the children of Mahadevamma from her earlier marriage with HC Shivanna, and therefore had no legal right over his properties.

Upon examining the case record, the High Court found that neither the oral testimony nor the documentary evidence presented could conclusively resolve the paternity dispute.

Justice Vijaykumar A Patil observed that because the plaintiffs themselves had requested the DNA test to prove they were the biological children of the defendant, concerns regarding stigma or the legitimacy of the children did not arise.

The court further noted that during his cross-examination, the defendant had unequivocally stated his willingness to undergo the DNA test. The court ruled that this prior voluntary consent made it impermissible for him to subsequently challenge the trial court's directive on the grounds of privacy.

To protect the privacy of the involved parties, the High Court introduced an additional safeguard. The court directed that the final DNA test report must be submitted before the trial court in a sealed cover. This ruling clarifies that an individual cannot invoke the right to privacy to challenge a DNA test directive if they previously consented to it during cross-examination.