The Supreme Court on Monday refused to entertain a plea seeking DNA testing across the country to decide disputes over parenthood, stating courts can’t run the whole system.
The petition came up for hearing before a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia.
The apex court observed that prayers made in the petition were very difficult to be granted on an all-India basis.
The bench told the petitioner, “Courts can’t run the whole system. It can decide the issue which crops up in a case.”
The bench referred to section 112 of the Indian Evidence Act under which birth during continuance of a valid marriage is a conclusive proof of legitimacy of the child.
“What kind of petition is this?” the apex court asked the petitioner, who was appearing in-person, adding, “You want DNA test to be done across the country?”
It asked the petitioner whether he has any personal litigation.
Any Indian citizen/lawyer can appear as petitioner in-person in a court in their individual capacity.
The petitioner replied in the affirmative and stated he has a 7-years-old dispute on the issue.
The bench stated while denying to entertain the plea, “The prayers would be very difficult to be granted on all-India basis merely because the petitioner has had some issues which are pending.”
