Yes, you can seek a DNA test to dispute paternity during divorce proceedings in Delhi, though courts approach such requests with considerable caution, carefully balancing your right to establish the truth against the child's welfare and right to privacy and legitimacy. Indian courts have recognised the availability of DNA testing as a scientifically reliable tool for determining paternity, but the Supreme Court has consistently held that such tests should not be ordered routinely or as a matter of course, particularly where they could cause harm to a child's social standing or emotional wellbeing.

To succeed in obtaining a court-directed DNA test in Delhi, you generally need to demonstrate a strong prima facie case raising genuine doubt about paternity, rather than making a bare or speculative allegation. Courts examine whether there is a reasonable basis for your doubt — such as circumstances surrounding conception, timeline discrepancies, or other credible evidence — before directing what is ultimately an intrusive and sensitive test with lasting implications for everyone involved, especially the child.

It's important to understand that Delhi courts weigh the presumption of legitimacy quite heavily under Section 112 of the Indian Evidence Act (now reflected under the Bharatiya Sakshya Adhiniyam), which presumes that a child born during a valid marriage is legitimate unless strong evidence proves otherwise. This presumption exists specifically to protect children from the social and legal harm of paternity disputes, meaning your application must overcome this presumption with genuinely persuasive grounds rather than mere suspicion.

If a DNA test is ordered and the results confirm your doubts, this can significantly impact maintenance obligations toward that particular child and may factor into broader divorce proceedings, though it typically does not retroactively erase support already provided during the marriage. Conversely, if paternity is confirmed, this generally settles the matter conclusively, allowing the divorce case to proceed on other grounds without further dispute on this specific issue.

Because paternity disputes carry significant emotional and legal weight, it is genuinely important to consult our legal experts at Aapka Legal Advice before filing such an application, ensuring your request is properly grounded and thoughtfully presented to the Delhi Family Court.

The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice platform connects clients with divorce lawyers experienced in paternity disputes, along with a panel of retired judges who can offer realistic, sensitive guidance on how such applications are typically evaluated in Delhi's family courts.

In summary, you can seek a DNA test to dispute paternity during divorce proceedings in Delhi, but courts require a genuine, well-grounded basis before ordering one. Careful legal preparation ensures your request is presented persuasively while respecting the sensitivities involved.