Held, The discretion of court in directing DNA test must be exercised after balancing the interests of the parties and whether a DNA test is needed for a just decision in the matter and such direction satisfies the test of “eminent need”.
Court should examine the proportionality of the legitimate aims being pursued i.e. whether the same are not arbitrary or discriminatory, whether they may have an adverse impact on the person and that they justify the encroachment upon the privacy and personal autonomy of the person, being subjected to the DNA test as the right to privacy has been declared a fundamental right in India specially when the plaintiff is unwilling to subject himself to the DNA test.
[Ashok Kumar v. Raj Gupta, (2022) 1 SCC 20]