APARNA AJINKYA FIRODIA — VERSUS — AJINKYA ARUN FIRODIA
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| Court | Case No | Date | Bench/Parties |
|---|---|---|---|
| Supreme Court of India | Civil Appeal No. of 2023 | 20th February 2023 | Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia |
Executive Overview:
The case revolves around a dispute between Aparna Ajinkya Firodia (the appellant) and her husband Ajinkya Arun Firodia (the respondent) regarding the legitimacy of their younger son, Master "X". The respondent sought a DNA test to establish paternity, claiming the child's illegitimacy due to the mother's alleged adultery. Both the Family Court and the High Court initially ordered the test, but the Supreme Court ultimately ruled against the test, affirming the presumption of legitimacy under Section 112 of the Indian Evidence Act and stating that the child should not be subjected to such tests without compelling reasons.
Detailed Factual Matrix:
1. Marriage between appellant and respondent occurred on 23rd November 2005.
2. Their first child, Master "Y" was born on 21st December 2009; second child, Master "X" was born on 17th July 2013.
3. On 1st June 2017, the respondent filed for divorce, alleging the appellant's infidelity confirmed by messages from another man, Kshitij Bafna.
4. A DNA test was privately conducted in November 2016, revealing a 0% probability of paternity by the respondent.
5. On 9th November 2020, the respondent applied to the Family Court for a DNA test of Master "X" to validate his claims of adultery.
6. The Family Court allowed the test on 12th August 2021, which was upheld by the High Court on 22nd November 2021.
7. The appellant challenged these decisions in the Supreme Court, leading to the current appeal.
Issues/Charges:
1. Whether the Family Court and the High Court correctly applied Section 112 of the Evidence Act in directing a DNA test.
2. Can the refusal to subject Master “X” to a DNA test lead to an adverse inference regarding the appellant's alleged adultery under Section 114 of the Evidence Act?
Submissions of the Parties:
Petitioner (Appellant):
- Argued that the High Court erred in allowing the DNA test, citing the presumption of legitimacy under Section 112.
- Asserted that there was insufficient evidence of non-access to dislodge this presumption.
- Emphasised the potential harm to the child's welfare and rights by subjecting him to a DNA test.
Respondent:
- Contended that the primary aim of the DNA test was to substantiate claims of adultery rather than establish paternity.
- Claimed that a refusal to comply with the DNA test could allow the court to draw adverse inferences regarding the adultery allegations.
Court’s Detailed Analysis & Reasoning:
Issue 1: Application of Section 112
- The court reiterated that under Section 112, the birth of a child during a valid marriage is conclusive proof of legitimacy unless non-access is proven.
- The court noted that the respondent did not assert any claim of non-access and had actually had access to his wife during the relevant time.
- The court held that the presumptive legitimacy extends to Master "X", thereby shielding him from DNA testing absent compelling evidence to the contrary.
Issue 2: Adverse Inference under Section 114
- The court clarified that adverse inference does not apply simply due to refusal to conduct a DNA test concerning a child, as it violates the child's rights.
- Emphasised the sense of justice and privacy for the child, noting that the child's rights and best interests must be foremost.
- Asserting that the allegations must be proven without compromising the child's dignity, the court determined that the mere refusal to subject a child to DNA testing would not be grounds for adverse inference against the mother regarding adultery.
Precedents Cited:
1. Goutam Kundu vs. State of West Bengal - Emphasis on presumption of legitimacy and conditions for DNA testing.
2. Dipanwita Roy vs. Ronobroto Roy - Discussed the process of ordering DNA tests and preservation of legitimacy.
3. Sharda vs. Dharmpal - Addressed the permissibility of medical tests by courts in marriage-related disputes.
4. Nandlal Wasudeo Badwaik vs. Lata Nandlal Badwaik - Examined the relation between DNA test outcomes and legal presumption of paternity.
Final Outcome/Operative Order:
The Supreme Court allowed the appeal, setting aside the orders from the Family Court and the High Court. Consequently, the DNA test direction was quashed, preserving the presumption of legitimacy under Section 112 of the Indian Evidence Act. The respondent was ordered to pay Rs. 1 Lakh to the appellant as costs within one month.