Refusal For DNA Test After Allegation Of Adultery Can't Lead To Inference Of Adulterous Relationship As Conclusive Proof Absent: Patna High Court
In a recent judgment, the High Court of Patna partially allowed a criminal revision application and set aside the maintenance allowance granted to the child in a case involving allegations of adultery. The judgment was delivered by Justice Dr. Anshuman on May 11, 2023.
The case, bearing Criminal Revision of 2016, revolved around a petitioner seeking to overturn an order issued by the Principal Judge, Family Court, Gaya. The Family Court had directed the petitioner to pay a monthly maintenance allowance of Rs. 6,000/- to the wife (respondent No. 1) and Rs. 2,000/- to the child (respondent No. 2) under Section 125 of the Criminal Procedure Code (Cr.P.C.).
According to the petitioner, the child was not biologically related to him, and he alleged that his wife was engaged in an adulterous relationship. The Family Court had ordered a DNA test, which the wife initially consented to but later refused. The petitioner argued that the wife’s refusal to undergo the DNA test should lead to an adverse inference, barring her from seeking maintenance.
After examining the facts and arguments presented, the High Court observed that certain elements were admitted by the petitioner himself, including the existence of a marriage between the parties and the petitioner’s residence in Delhi. The Court also acknowledged the wife’s refusal to undergo the DNA test but emphasized that conclusive evidence of her alleged adultery was lacking.
While acknowledging the adverse inference resulting from the wife’s refusal, the Court held that it only impacted her claim for maintenance and did not establish her adultery. As per Section 125 of the Cr.P.C., a wife is entitled to maintenance from her husband. Considering the timeline of the case and the relatively modest amount of Rs. 6,000/- per month, the Court declined to interfere with the maintenance allowance granted to the wife.