A man, who denies he is the father of a child, must be warned that he will be subjected to DNA test and stands to face maximum penalty if the fact is proved beyond doubt, the Madras High Court has said.
"If the male of the species denies the knowledge of being involved in the parenting of such a child, then he should be firmly warned that he will be subjected to DNA testing, the most reliable scientific testing to determine parenthood and if proven beyond doubt, then he would receive the maximum penalty," Justice C S Karnan said.
Dismissing an appeal from a father and his first wife challenging orders of the lower courts, he said, "We should understand that in the eyes of god, human life is most valuable, hence, nothing should be done to distort the image and the future of a new born innocent child brought into this world through a 'lewd' and demeaning pair of consenting human beings."
Disapproving of the usage of the word 'illegitimate', Justice Karnan said, "This court feels the term 'illegitimate' child should not be used as it would deeply impact on the mind of the respondent (a 21-year old girl in this case) and cast a stigma on her status in society, thereby impeding her future prospects in life."
Holding that as per law, such a child is empowered all the rights to enjoy equal status in life as a legitimate child, he said, "this court views that the term 'illegitimate' child should not be raised to address the innocent respondent, who through no fault of hers had been brought into this world."
In the present case, 21-year old girl in question was born to a government doctor father (now retired) and her mother, after her father suppressed the fact that he had already married a woman and had two sons through her.
The matter went to the lower courts and later to the High Court during which course the issue relating to the parenthood was raised.
Justice Karnan dismissed the appeal after making the observations and held that the girl was entitled to share and live in the house of her father with monthly maintenance.
