The Madhya Pradesh High Court has upheld a family court’s decision allowing the  DNA test of a child in a divorce proceeding where the husband has alleged adultery.

Justice Vivek Jain was dealing with the plea of a woman against the family court order allowing her estranged husband to conduct a DNA test on a child to determine whether the child was his.

“The divorce petition has been filed on the ground of adultery. It is not the case where the husband wants to know the paternity of the child, or he wants to repudiate the liability to maintain the child, or for any other purpose,” the order said on January 21.

The court underlined that in the present case, the child’s DNA test was sought only to prove the allegation of adultery against the wife.