Delhi HC orders DNA test to determine paternity of minor amid custody dispute

By Dhiraj Beniwal
New Delhi [India], September 27 : The Delhi High Court ordered a DNA examination of a minor on Friday after a man, claiming to be the child's biological father, requested custody. The court directed this examination to determine the child's paternity.
The High Court passed the direction after noting that the biological mother refuted the claim of the man who is her brother-in-law. A division bench of Justices Prathiba M Singh and Amit Sharma directed the DNA examination and to file a report by the next date of hearing.
The division bench said, "Considering the overall facts since respondent no 2 (mother) denies the fact that the Petitioner is the biological father of the child, this Court deems appropriate to direct DNA testing to be done to establish the paternity of the child-Master 'X."
The bench noted the stand of respondent no 2 (mother) is that the legally wedded wife of the Petitioner is her real elder sister and that she had only permitted the child-Master 'X' to stay with the Petitioner and her elder sister for the child's education.
"In view of the above, let the Petitioner visit Babu Jagjivan Ram Memorial Hospital, Jahangir Puri, Delhi at 11:30 AM on September 30, 2024, to provide his DNA samples," the Division bench ordered.
It also ordered that the concerned Investigating Officer shall also take the child-Master 'X' to the said Hospital at the aforesaid time for providing the child's DNA samples.
Thereafter, the said medical facility shall provide the DNA samples of the Petitioner and the child to the concerned Investigating Officer, who shall deposit the same with FSL Rohini, Delhi for conducting the DNA test, the High Court ordered.
"Let a report from FSL Rohini, Delhi be submitted before this Court by the next date of hearing," the bench said. The next date of hearing is October 14.
Before passing the direction the bench interacted with the child-Master 'X' and the Petitioner, as also with respondent no 2 (mother) in the chamber.
Respondent no 2 (mother) denied the fact that the Petitioner is the biological father of the child-Master 'X'. The child clearly stated that he has always lived with the Petitioner and his legally wedded wife, whom he refers to as 'Bade Papa' and 'Badi Mummy.
Master 'X' and the Petitioner are presented before the Court. Further, respondent no 2, who is the biological mother of the child is also was present.
The High Court directed that In the meantime, the child Master 'X' shall continue to stay at CHB, Alipur, Delhi. The Petitioner is permitted to meet the child Master 'X' at CHB, Alipur, daily for 1 hour.
The order has been passed in plea of Habeas Corpas seeking production of his minor son. It is stated that the minor child is the son of the petitioner and his sister-in-law.
The Delhi High Court on Thursday directed the authorities to produce a minor child before it.
The petitioner has moved a petition through advocates Umesh Chandra Sharma and Dinesh Kumar.
He is seeking issuance of direction for the production of his minor son, who is currently residing in Children Home for Boys (CHB), in terms of an order dated August 8, 2024, by the Child Welfare Committee-VI (CWC), North-West Delhi.
The bench noted in the order that the facts of this case are peculiar. The Petitioner is stated to be married and living with his wife in Calcutta, along with their two children. It is stated by the Petitioner that respondent no 2 is his sister-in-law.
Further, it is also submitted that the Petitioner has two sons from Respondent No. 2, and the present petition has been filed seeking production of the younger son.
It is the case of the Petitioner that the said minor son has lived in Calcutta along with the Petitioner for the past 12 years, and that during summer vacations the Petitioner along with his minor son was in Bihar from where the said minor child was removed from his custody by Respondent No.2 (sister in law).
Advocate Umesh Chandra Sharma submitted that a complaint was lodged by him on June 1, 2024, and June 4, 2024, at Police Station (PS) Roshara, Samastipur, Bihar.
It was also stated that the escort order dated July 29, 2024, was passed by the CWC, Hoogly in West Bengal, and finally by way of an order of August 16, 2024, the CWC, Delhi has directed the concerned minor child to be placed in CHB, Alipur, Delhi.
It was argued by the Petitioner that the said minor child has always lived with him and wishes to continue living with him. The minor child has, in fact, given a statement to this effect.
Standing counsel Sanjay Lao, handed over a status report dated September 25, 2024, authored by SHO, PS Shalimar Bagh, and the same is taken on record.
As per the said status report the statement of the child has been recorded before CWC, Kolkata stating that he was forcibly taken to Delhi. He doesn't wish to live with respondent 2.