Legal Prerequisites and Judicial Restraint for Ordering DNA Tests in Civil Paternity Suits

sketch of the Bombay High Court
Case
ANAND DHINDIRAM GADEKAR DECD THRU LEGAL HEIRS v. KU. PRATHMESH LAXMAN LAGADE MINOR THRU MOTHER SMT. MANISHA LAXMAN LAGADE (Bombay High Court, 22-09-2026)
Law
Code of Civil Procedure, Hindu Succession Act, Indian Evidence Act.

Highlights of the Judgment:

  • Examination of the legal standards for ordering DNA profiling in civil suits involving paternity claims.
  • Analysis of the rule that DNA tests cannot be ordered as a routine fishing or roving inquiry.
  • Requirement for plaintiffs to first adduce foundational evidence before seeking scientific testing.
  • Balancing the right to privacy and potential social stigma against the pursuit of truth.
  • Application of judicial precedents regarding the eminent need and insufficiency of existing evidence.
  • Discussion of statutory presumptions under the Indian Evidence Act, 1872.