Thaindian News

New Delhi, Dec 23 (IANS) In a setback to veteran Congress leader N.D. Tiwari in a paternity suit, the Delhi High Court Thursday directed him to undergo a DNA test to ascertain a young man’s claim that Tiwari is his biological father. Rejecting Tiwari’s plea that he could not be forced to undergo the DNA test, Justice S. Ravindra Bhat said that “the wider interest of a child of not being declared a bastard has to be kept in mind”.

The court said that it could order a DNA test “if there is eminent need to do so”.

“On the facts of this case and the materials on record, the court is satisfied that there is eminent need to direct Tiwari to furnish his blood samples, for the purposes of DNA testing,” the judgment said.

The court directed Tiwari, 85, petitioner Rohit Shekhar, 31, and his mother Ujjwala Sharma to appear before the joint registrar of the court Feb 8, 2011 to furnish details to facilitate the DNA test.

The judge told Tiwari to furnish a sample on a day fixed by the court’s joint registrar. The sample will be tested by Hyderabad-based the Centre for Cellular and Molecular Biology.

Shekhar was jubilant after the court’s decision. “I am very happy,” he said.

“Justice has been delivered. This was the only route to justice. The court has differentiated between legitimacy, illegitimacy and paternity,” he said.

Shekhar’s foster father B.P. Sharma had undergone a DNA test on his own. Its result established that he was not the biological father of Shekhar.

The court said: “Scientific tests on record have prima facie established that no biological relationship exists between Rohit Shekhar and B.P. Sharma.”

Shekhar said in his petition filed in 2007 that he was born out of a relationship between his mother and Tiwari. Ujjwala was a Congress activist.

Tiwari denied having physical relationship with Ujjwala Sharma.

Tiwari contended that it was both against the law and the principle of equity to compel him to undergo a paternity test. He argued that forcing him to undergo a DNA test breached his right to privacy.

Justice Bhat did not accept this contention of Tiwari on the grounds that it was the right of every child to know about his or her biological parents.

The court earlier rejected Tiwari’s plea questioning Shekhar’s paternity suit. Tiwari had contended that he filed the suit 31 years after his birth and intended to malign him.

Tiwari unsuccessfully moved the Supreme Court against a high court order that dismissed his plea challenging the paternity suit filed by Shekhar.

Both Shekhar and his mother were present in the court when the high court judgment was pronounced Thursday.

Shekhar later said that everything would become clear after Tiwari submits a blood sample for the DNA test.

Ujjwala Sharma said that the judgment answered her son’s quest to know who is his biological father.