PRAYAGRAJ, Nov. 27 -- The Allahabad high court has held that a DNA test to determine the paternity of a child cannot be ordered in a "routine manner" merely because a party disputes parentage during legal proceedings. Justice Chawan Prakash made the observation while dismissing a plea filed by one Ramraj Patel, who alleged that the daughter born to his wife in December 2012 was not his biological child, claiming that she had been living at her parental home since May 2011. In the present proceedings, the petitioner challenged an order of the additional sessions judge, Varanasi, which had upheld the special chief judicial magistrate's refusal to direct a DNA test. The case involved a complaint filed by the wife (Opposite Party No. 2) under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The petitioner alleged that his wife stayed at her matrimonial home for only a week. He further claimed that she was a graduate and a teacher at an Inter college and did not want to live with him because he was an "illiterate villager". Justice Prakash, in his order dated November 21, relied on the presumption of legitimacy under Section 112 of the Evidence Act and recent Supreme Court decision in the case of Ivan Rathinam versus Milan Joseph. The court said that such orders for DNA tests could only be passed in specific circumstances where "no chance for cohabitation" was proven between parties during the relevant period....