Madhya Pradesh High Court Upholds DNA Test Order In Divorce Case Involving Army Husband And Police Wife

Madhya Pradesh High Court upheld a Family Court’s order allowing a DNA test of a child in a divorce dispute, where an Army husband alleged adultery and non-access during conception, dismissing the wife’s challenge

Jabalpur | February 06,2026: The Madhya Pradesh High Court has upheld a Family Court order directing a DNA test of a minor girl in a divorce petition where an Indian Army husband alleged that his wife, a Madhya Pradesh police constable, was unfaithful and that he could not have been physically present at the time of conception. The bench of Justice Vivek Jain dismissed the wife’s challenge to the order.

The husband’s plea stems from his claim that he was called home from his Army posting in October 2015 and within four days was informed that his wife was pregnant a timeline he argued was medically implausible and inconsistent with his period of limited access due to military duties. He contended that the evidence suggested non-access at the likely time of conception and sought scientific verification through a DNA test.

In upholding the Family Court’s decision, the High Court clarified that DNA testing may be ordered in divorce proceedings focused on proving adultery where there are sufficient pleadings of non-access and where the legitimacy of the child is not directly at issue. The court noted that scientific evidence could be necessary to establish the truth behind serious allegations of infidelity.

The High Court also held that if a party refuses to provide DNA samples, the Family Court could draw adverse inferences under Section 114(h) of the Indian Evidence Act. Justice Jain emphasized that the order was not intended to stigmatise the child but to assist in the adjudication of the matrimonial dispute.

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