Supreme Court: Husband Is Legal Father of Child Born During Marriage, Even if Wife Claims Adultery
The Supreme Court of India has ruled that a husband is legally considered the father of a child born during the marriage, even if the wife says the child was fathered by another man through an adulterous relationship.
This decision came during an appeal filed by a man accused of being the child’s biological father.
The woman was married at the time the child was born in 2001. She claimed the child’s biological father was the appellant. After getting divorced in 2006, she approached the Municipal Corporation of Cochin to list the appellant as the child’s father. However, the authorities denied her request.
She then filed a civil suit in 2007 asking the court to declare the appellant as the father. The munsiff court and later the Kerala High Court both dismissed her request, ruling that the woman was still in a valid marriage when the child was born. Both courts also refused a DNA test.
In 2015, the child himself approached the family court asking for maintenance from the appellant, claiming he was his biological father.
The family court ruled that the earlier civil court did not have jurisdiction and its order was not binding. It also said that in maintenance cases, the key issue is paternity, not legitimacy, and allowed a DNA test to determine who the father was.
The Kerala High Court agreed, saying the child’s right to maintenance does not depend on the child being “legitimate.” It also said the presumption of legitimacy should not stop a court from investigating true paternity.
This led to an appeal to the Supreme Court.
The Supreme Court bench, consisting of Justices Surya Kant and Ujjal Bhuyan, reviewed laws in the US, UK, and Malaysia, all of which strongly presume legitimacy of a child born in marriage.
Referring to Section 112 of the Indian Evidence Act, the Court said the husband is presumed to be the father unless it’s clearly proven that the husband had no access to his wife during the time of conception.
The Court also ruled that ordering a DNA test to determine paternity would violate the privacy and dignity of the man accused of being the biological father, especially when there is legal presumption of legitimacy.
“Courts must respect privacy and cannot force a DNA test if there is no clear proof of non-access between husband and wife,” the Court said.
This ruling highlights the importance of legal presumptions in Indian family law and the balance between truth-seeking and personal privacy.
Case Title: Ivan Rathinam vs. Milan Joseph
Bench: Justices Surya Kant and Ujjal Bhuyan
Date: Recent ruling by Supreme Court of India
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