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Case Comment Dipanwita Roy v. Ronobroto Roy, AIR 2015 SC 418

The husband sought divorce from his wife and claimed she was unfaithful, naming another man as the father of her child. The Supreme Court ruled that a DNA test could be conducted to determine the veracity of adultery allegations. However, the test would also determine legitimacy of the child, so the presumption of legitimacy under Section 112 cannot be disturbed. If possible, the DNA test should be avoided as it could endanger the child's legitimacy. The wife has the liberty to comply or disregard the DNA test order, and if she declines, the court will draw presumptions under Section 114.

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387 views2 pages

Case Comment Dipanwita Roy v. Ronobroto Roy, AIR 2015 SC 418

The husband sought divorce from his wife and claimed she was unfaithful, naming another man as the father of her child. The Supreme Court ruled that a DNA test could be conducted to determine the veracity of adultery allegations. However, the test would also determine legitimacy of the child, so the presumption of legitimacy under Section 112 cannot be disturbed. If possible, the DNA test should be avoided as it could endanger the child's legitimacy. The wife has the liberty to comply or disregard the DNA test order, and if she declines, the court will draw presumptions under Section 114.

Uploaded by

Abhinav Anand
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CASE COMMENT

Dipanwita Roy v. Ronobroto Roy, AIR 2015 SC 418

In the present case, the husband Ronobroto Roy has sought divorce from his wife Dipanwita Roy
due to alleged infedility by her and had also named the person has fathered the child born to his
wife, thereby making an application for DNA test to prove the paternity of the child in order to
prove the alleged infidelity. The Court, hence explained the importance of DNA test by stating that
DNA testing is the most legitimate and scientifically perfect means, which the husband could use,
to establish his assertion of infidelity. The Court also said that DNA test should also simultaneously
be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the
assertions made by the husband, and to establish that she had not been unfaithful, adulterous or
disloyal.
Supreme Court while deciding the issue of proving infidelity of a spouse, the bench of J.S. Khehar
and R.K. Agrawal, JJ held that DNA test can be conducted to determine the veracity of the
allegations of adultery. However, considering the fact that the said test will automatically determine
the issue of legitimacy, the Court held that the presumption of legitimacy as given under Section
112 of the Evidence Act, 1872 will not be disturbed and that if the direction to hold such a test can
be avoided, it should be so avoided as the legitimacy of the child should not be put to peril.
The Court, hence, held that the wife shall be given the liberty to comply with or disregard the order
of DNA test and in case, she declines to undergo the said test, the Court shall draw presumption as
per Illustration (h) of Section 114 of the Evidence Act, 1872.
It has been the contention of the researcher to epitomise all the relevant facts of the case and discuss
applicable laws of evidence. The critical analysis of the original judgement is done so as to know
the rational behind the pronouncement of the judgement.

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Abhinav Anand, BBA LL.B (Hons.) 5th Semester 1120171823
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