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In a matrimonial dispute like Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, paternity of a child who…

Aparna Ajinkya Firodia requires courts to consider necessity, the available evidence and the child’s interests before directing a DNA test. On these facts the test is…

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In a matrimonial dispute like Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, paternity of a child who is not a party is only incidental. There is no prima facie material showing non-access between the spouses, and other evidence can resolve the dispute. How should the court treat a spouse’s request to compel a DNA test of the child?

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Answer and explanation

Correct answer A

Aparna Ajinkya Firodia requires courts to consider necessity, the available evidence and the child’s interests before directing a DNA test. On these facts the test is unnecessary and the request should be refused.

Option feedback

Option A

The Court treated necessity, the availability of other evidence and the child’s privacy as decisive in these circumstances.

Option B

An allegation alone does not establish the exceptional need for the test.

Option C

A matrimonial allegation does not make a child’s DNA test routine.

Option D

A nonparty child has privacy and welfare interests that the court must weigh.

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