Kochi (Kerala) [India], July 25 (ANI): Kerala High Court on Monday appointed an amicus curiae to examine the legal issue whether an order can be passed to conduct the DNA test of a child in a case of paternity dispute.
A division bench comprising Justices A Muhamed Mustaque and Sophy Thomas appointed Advocate Ashok M Kini as Amicus Curiae for assistance in this.
Court took this decision while considering a petition filed against an interim order passed by a Family Court which rejected a man's application for DNA examination of the child.
The petitioner has sought before the Family Court for a declaration that he was not the biological father of the child born in the marriage with his wife. He alleged that his wife had an affair with another person and disputed the paternity of his son. But the Family Court has dismissed the petition.
In this, the High Court will examine if passing such a direction will infringe a child's right to privacy, which has been declared as a fundamental right under Article 21 by the Supreme Court in the KS Puttaswamy case. (ANI)