Supreme Court: Husband Remains Legal Father of Child Born from Wife’s Adultery
The Supreme Court recently ruled that if a child is born while a marriage is still valid, the husband is legally presumed to be the child’s father, even if the wife claims the child was conceived through adultery.
Background of the Case
A man (the appellant) had filed an appeal against being named the father of a child whose mother was married to another person at the time of birth. The woman alleged that the appellant was the biological father of her child, born in 2001, even though she was married to someone else.
After divorcing her husband in 2006, she requested the Municipal Corporation of Cochin to register the appellant as the child’s father. When her request was denied, she filed a suit in 2007 before a munsiff court seeking a declaration that the appellant was the biological father.
Lower Court Rulings
The munsiff court dismissed her plea, and the Kerala High Court upheld the decision in 2011. Both courts ruled that since the woman was legally married at the time of childbirth, the husband remained the child’s legal father. They also declined to order a DNA test.
In 2015, the woman’s son filed a case in a family court seeking financial maintenance from the appellant, claiming he was his biological father. The family court ruled that while legitimacy and paternity were different issues, it had the authority to determine paternity using a DNA test. The Kerala High Court later upheld this ruling, stating that the right to maintenance was separate from the legitimacy of birth.
Supreme Court’s Verdict
The case eventually reached the Supreme Court, which examined similar laws in the United States, the United Kingdom, and Malaysia. The court noted that these jurisdictions strongly presume the legitimacy of children born during a marriage.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, ruled that under Section 112 of the Indian Evidence Act, a child born in a valid marriage is presumed legitimate unless proven otherwise through evidence of non-access between the spouses.
Furthermore, the Supreme Court ruled that a DNA test cannot be ordered in such cases, as it would infringe on the privacy and dignity of the alleged biological father. The court emphasized that forcing an individual to undergo a DNA test would be a violation of their rights.
Key Takeaways from the Judgment
- A child born during a valid marriage is presumed legitimate under Section 112 of the Indian Evidence Act.
- The burden of proof lies on the person claiming the child’s illegitimacy.
- Courts cannot order DNA tests to determine paternity if legitimacy is presumed.
- The right to privacy and dignity of the alleged biological father must be protected.
This ruling reinforces the presumption of legitimacy in Indian law and highlights the privacy rights of individuals in paternity disputes.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==