The High Court of Kerala, in Gangadharan v. Sreedevi Amma [2024(3) KHC 624], held that a court can order a DNA test only when there is a strong prima facie case (a case that seems valid at first glance), not merely a basic one. This requirement is a sine qua non, or an essential condition. The decision must be based on the specific facts and circumstances of the case and the legal remedy being sought.
Courts can order DNA tests to uncover the truth in civil, matrimonial, or other disputes when it is absolutely necessary, but not as a routine procedure. A request for such a test must be justified by sufficient material presented to the court.
Reference
- Gangadharan v. Sreedevi Amma [2024(3) KHC 624]
