In Jawahir Lal Jaiswal v. State of U.P. and Anr., Allahabad HC allowed a criminal revision filed by father and set aside Family Court’s order granting maintenance to a minor girl, directing that a DNA test be conducted first to determine the biological parentage.

On 01 March 2025, Family Court directed the father to pay ₹3,000 p.m. from date of filing maintenance petition till the date of judgement and ₹6,000 p.m. from the dare of judgement till the marriage of the minor daughter.

However, the father contended that although his marriage was solemnised in 1994, his wife left him in February 2000 and lived with another man thereafter. He argued that there had been no physical relationship post-2000, and therefore, he could not be the biological father of the child born in 2011.

High Court noted serious inconsistencies in the mother’s version regarding the timeline of cohabitation, conception, and childbirth.

Highlighting these contradictions, Court observed: “this Court is fully unable to find out as to when and how many times Himani/ Hirmani (wife) went to her husband (revisionist) after 2000 when she became pregnant and when she gave birth to a child and who exactly is her biological father.”

Court found prima facie merit in the father’s claim and held that scientific determination was necessary, stating “for ascertaining the correct fact as to who is the biological father, D.N.A. test is required.”

While acknowledging SC’s ruling in R. Rajendran vs. Kamar Nisha & Ors that DNA tests should not be ordered routinely, High Court relied on its earlier decision in Sachin Agarwal vs State Of U.P & Anr. to hold that in exceptional cases, such tests are necessary to uphold justice and human rights.

Consequently, High Court set aside the impugned order and directed the trial court to conduct a DNA test and thereafter decide the maintenance application afresh on merits within 3 months.