A bench of Justices D K Jain and T S Thakur, on its part stayed the direction of the Chief Judicial Magistrate, Ghaziabad, for a DNA test on Dr Pradeep Gupta, owner of a prominent nursing home and his son to establish the paternity claim of the victim.
The apex court stayed the DNA test on Dr Gupta's petition through counsel A Banerjee in which he claimed that the nurse, already married twice, had falsely implicated him in a case of rape after becoming a surrogate mother through his sperms which were actually obtained for another person.
According to the doctor, the DNA test was unnecessary and illegal, as it would only cause stigma to the child born through the woman who was a surrogate mother for one Dilawar Singh.
He claimed that he had voluntarily donated his sperms to Dilawar Singh to enable him have a surrogate child through the nurse who was working in his hospital. But the nurse, he alleged, in connivance with certain anti-social elements had filed rape cases against him to blackmail and extract money.