DNA Paternity Testing Application

The primary statute governing DNA paternity testing in India is the Indian Evidence Act, 1872, specifically Section 112, which deals with the presumption of legitimacy. Courts may order DNA tests to rebut this presumption. Additionally, Section 151 of the Code of Civil Procedure, 1908 empowers courts to order such tests to secure the ends of justice. The Family Courts Act, 1984 also governs proceedings in family courts where such applications are typically filed.

DNA paternity testing applications are filed in Family Courts or District Courts having jurisdiction over the matter. The Ministry of Law and Justice oversees the judiciary, but there is no specific government department for DNA testing. Accredited laboratories recognized by the National Accreditation Board for Testing and Calibration Laboratories (NABL) conduct the tests. For court-ordered tests, the court may direct the parties to a specific government or private laboratory.

The process begins with filing a petition before the family court seeking a direction for DNA testing. The petitioner must show that the test is necessary to determine paternity in the interest of justice. After hearing both parties, the court may pass an order for DNA testing. The parties then provide blood or buccal swab samples at a designated laboratory. The laboratory sends the report to the court, which considers it as evidence in the custody proceedings.

There are no standard statutory forms for a DNA paternity testing application. The petition is typically drafted as a Civil Miscellaneous Petition (CMP) or an Interlocutory Application (IA) in the pending custody case. The application must include: (1) details of the child and alleged father, (2) grounds for seeking the test, (3) a prayer for direction to undergo DNA testing. The court may also require affidavits from the parties.

Any party to a child custody proceeding—such as the mother, alleged father, or the child's guardian—can file a DNA paternity testing application. The court must be satisfied that the test is relevant and necessary for determining paternity. The child's best interests are paramount, and the court may refuse the application if it is frivolous or would cause harm to the child. No reported decision was found on this point.

The timeline for a DNA paternity testing application varies depending on the court's schedule and the laboratory's workload. The process involves filing, court hearings, sample collection, and analysis. No specific timeline can be provided as it depends on the case's complexity and court discretion.

The court fee for filing a DNA paternity testing application is nominal and varies by state. The cost of the DNA test itself is borne by the party requesting it, unless the court orders otherwise. Below is an indicative table of government-prescribed fees (subject to change):

Note: These are approximate figures. Actual fees may differ.