The Supreme Court has observed for a while now, that forcing any unwilling party to take a DNA test infringes on personal liberty and right to privacy. When the plaintiff is unwilling to undergo the DNA test, forcing him to take it would imply an infringement of his personal liberty and his right to privacy was what a bench observed.
In situations where other evidence is also available to prove or dispute a certain relationship, the court should primarily refrain from ordering the blood tests. The reason for his is because such tests usually impinge the right of privacy of any individual and could also have some major societal repercussions.
The plaintiff with respect to this type of case pointed out and made it clear that he has produced enough documentary evidence to support his claim. The trial court had dismissed the application while claiming that the plaintiff cannot be compelled in order to take the test. Whether it is in a declaratory suit where ownership over some coparcenary property is claimed, the plaintiff, can against his wishes, be subjected to the DNA test.
