Infidelity is a sensitive topic that can cause a lot of pain and turmoil in a marital relationship. If the wife is suspected of being unfaithful, it can lead to feelings of betrayal and mistrust.
However, if a child is born during the marriage, it is important to consider the child’s welfare when dealing with such a situation.
The question of whether it is wrong to do a DNA test on a child born during the marriage arises in situations where there is a suspicion that the child may not be the biological offspring of the husband.
In such cases, the husband may want to confirm the paternity of the child through a DNA test. However, the Supreme Court has ruled that it is not permissible to do a DNA test on a child without the consent of the mother, as it violates the right to privacy and has a psychological impact on the child.
The right to privacy is a fundamental human right that is enshrined in the Indian Constitution. The Supreme Court has repeatedly held that the right to privacy includes the right to protection from intrusive and unwanted interference in one’s personal affairs.
In the context of DNA testing, the Court has held that the right to privacy of the child and the mother must be respected.
A DNA test can have a significant impact on the child’s emotional and psychological well-being. If the test confirms that the child is not the biological offspring of the husband, it can cause the child to feel rejected and stigmatized.
Moreover, it can lead to a breakdown in the relationship between the child and the father, which can have a lasting impact on the child’s development.
The Supreme Court has also held that the right to privacy of the mother must be respected in such cases. If a husband suspects that his wife has been unfaithful, he may want to conduct a DNA test on the child without the mother’s consent.
However, the Court has held that the mother has a right to protect the privacy of her personal affairs, including her sex life. Therefore, the husband cannot conduct a DNA test on the child without the mother’s consent.
In conclusion, the Supreme Court has held that it is wrong to do a DNA test on a child born during the marriage without the consent of the mother. This is because it violates the right to privacy of the child and the mother and can have a significant impact on the child’s emotional and psychological well-being.
If a husband suspects that his wife has been unfaithful, he should approach the situation with sensitivity and respect the privacy of his wife and child.
Author
-
by
-
