Supreme Court: Infidelity Not a Basis for Paternity Test
In a significant ruling from February 2023, the Supreme Court declared that infidelity is not grounds for demanding a paternity test. If a husband and wife cohabited and no impotency is proven, the child from their wedlock is conclusively presumed legitimate.
Child’s Wellbeing Prioritized
The ruling emphasized the child’s wellbeing, often overlooked in parental legal battles. Fathers sometimes demand paternity tests to prove a wife’s infidelity, but the court stressed that such demands should not compromise the child’s interests.
Legal Presumptions of Legitimacy
A bench of Justices V Ramasubramanian and BV Nagarathna cited Section 112 of the Evidence Act, which presumes the legitimacy of a child born in a valid marriage. A DNA test can only be ordered if a husband can prove he had no access to his wife during the conception period.
Justice Nagarathna stated, “If husband and wife cohabited and no impotency is proven, the child is presumed legitimate, even if the wife is guilty of infidelity. Adultery alone does not negate this presumption. Only evidence showing the husband had no intercourse with the wife at conception can challenge the child’s legitimacy, but not under Section 112.”
Justice Ramasubramanian concurred, adding, “Section 112 does not shield adulterous conduct. However, any attempt to negate the legal effect of Section 112 for achieving a different result cannot be entertained.”
Case Background
The court’s decision came from a woman’s plea challenging family court and Bombay High Court orders directing a paternity test based on her husband’s adulterous allegations. The husband sought a divorce, but the Supreme Court overruled these orders, stating that the husband had not proven non-access to his wife. Therefore, the case did not warrant a paternity test.
This ruling reinforces that while addressing infidelity claims, the child’s legitimacy and welfare must remain paramount, preventing misuse of paternity tests in marital disputes.
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