Admission of a relationship is not conclusive proof of paternity and does not by itself justify a DNA test, Karnataka High Court holds

13 November 2026

The Karnataka High Court has held that a man's admission that he had a relationship with a child's mother does not prove he is the father and does not by itself justify ordering a DNA test. Justice Lalitha Kanneganti, sitting as a single judge, said a Family Court must first weigh the other evidence, such as the circumstances of the relationship, the child's birth and any acknowledgment of parentage, and may direct testing only if that evidence cannot resolve the dispute. The application had been made under Section 45 of the Bharatiya Sakshya Adhiniyam, 2023, the provision on the opinion of experts. The Court relied on the Supreme Court's decision in Ivan Rathinam v. Milan Joseph, which requires existing evidence and the statutory presumption of legitimacy to be examined before DNA testing is directed, and on the privacy of the person to be tested under Article 21. The Family Court's order for a test was set aside and the application remanded with a direction to record reasons showing that testing is necessary and proportionate. The Court also noted that a child's claim to maintenance does not depend on the parents being married.