Legal Analysis: Chaturbhuj Pradhan v. Amar Pradhan and Another

Citation: 2026 INSC 600

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Sanjay Karol & Justice Nongmeikapam Kotiswar Singh

Date of Decision: May 29, 2026

Nature of Judgment: Civil Appeal arising out of SLP (Civil) No. 4016 of 2026 against the judgment of the High Court of Chattisgarh at Bilaspur.

Synopsis of the Judgment

The appellant (Chaturbhuj Pradhan) was ordered by the Trial Court, affirmed by the High Court, to undergo a DNA test to determine the paternity of the first respondent (Amar), who claimed to be his son born out of consensual relations with Amar's mother in 1999. The appellant denied paternity, relying on his acquittal in a criminal case under Section 376 IPC and on previous maintenance proceedings where the High Court had observed that Amar and his mother had failed to establish any relationship with him. The Supreme Court dismissed the appeal, holding that: (i) the question of paternity was directly in issue in the civil suit for declaration of share in property; (ii) no other evidence could substitute for a DNA test; (iii) the balance of interests favoured Amar, who had a legitimate interest in knowing his biological father and claiming inheritance rights; (iv) the right to privacy of the appellant was not absolute and had to yield to the need for closure and justice. The Courts below had correctly applied the principles from Goutam Kundu, Dipanwita Roy, Aprana Ajinkya Firodia and Ivan Rathinam.

1. Basic Information of the Judgment

Case Title: Chaturbhuj Pradhan v. Amar Pradhan and Another

Citation: 2026 INSC 600

Civil Appeal No.: Arising out of SLP (Civil) No. 4016 of 2026

Bench: Justice Sanjay Karol (author) and Justice Nongmeikapam Kotiswar Singh

Date of Decision: May 29, 2026

Court: Supreme Court of India (Civil Appellate Jurisdiction)

Impugned Order: Judgment of the learned Single Judge of the High Court of Chattisgarh at Bilaspur dismissing the appellant's appeal against the order of the First Additional Civil Judge, Class-II, Basna directing DNA test.

2. Legal Framework

Major Laws and Provisions Involved

• Indian Evidence Act, 1872 – Section 112 (presumption of legitimacy of child born during valid marriage), Section 114 illustration (h) (court may presume that evidence which could be produced and is not produced would be unfavourable to the person who withholds it).

• Indian Penal Code, 1860 – Section 376 (punishment for rape) – the appellant was acquitted in a case registered under this section.

• Code of Criminal Procedure, 1973 – Section 125 (maintenance proceedings – summary in nature).

• Constitution of India, 1950 – Article 21 (right to privacy, right to life and personal liberty).

Key Precedents Cited and Applied

• Goutam Kundu v. State of W.B. (1993) 3 SCC 418 – Courts in India cannot order blood test as a matter of course; there must be a strong prima facie case; no one can be compelled to give sample of blood; court must consider consequences of bran

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