In Brief
A doctor was accused of cheating and harassment after fathering a child with a married woman during his treatment of her husband. To prove the allegations, the police sought DNA testing of the doctor to establish paternity. The doctor refused. The High Court ordered the DNA test, but the Supreme Court allowed his appeal. The Court held that the child, born during a valid marriage, is legally presumed legitimate under law and cannot be presumed otherwise without strict proof of the spouses' non-access. DNA testing cannot be compelled as a fishing inquiry; it requires clear necessity and must not violate privacy rights. Here, paternity was collateral to the criminal charges, which could be investigated without it. Compelling the test would unlawfully intrude on bodily autonomy and privacy."
The lawyer headnote and full judgment text are available to registered users.