As per the case facts a husband sought a DNA test for the second child born during the marriage to ascertain paternity alleging adulterous conduct by the wife The Family ... Court and High Court allowed this application leading the wife to appeal to the Supreme Court citing the presumption of legitimacy under Section of the Indian Evidence Act The question arose whether a court can compel a child to undergo a DNA test to determine paternity in a matrimonial dispute especially when it might infringe upon the child's right to privacy and potentially dislodge the strong presumption of legitimacy under law Finally the Supreme Court concurred that the Family Court and High Court were wrong in allowing the application for subjecting the child to a DNA test The Court emphasized that while scientific proof can determine paternity the rights and best interests of the child who is a third party to the marital dispute cannot be sacrificed for one party's right to a fair trial The appeal was allowed preventing the DNA test but the respondent-husband was not precluded from leading any other evidence to establish his allegations in the divorce petition