In February 2023, the Supreme Court ruled that a mother’s infidelity does not justify a paternity test, as long as the couple lived together and there’s no evidence of impotency. The court emphasized that even if a wife is unfaithful, a child born in wedlock is legally presumed legitimate.
The ruling, delivered by Justices V Ramasubramanian and BV Nagarathna, highlighted Section 112 of the Indian Evidence Act, which ensures a child’s legitimacy unless the father proves he had no access to the wife. Infidelity alone isn’t enough to challenge the presumption of legitimacy.
The case involved a husband seeking a paternity test to support his divorce case, but the court overruled the demand, prioritizing the child’s wellbeing. The verdict reinforced that legal battles shouldn’t harm children, especially when legitimacy is already protected by law.
Justice Ramasubramanian added that while Section 112 doesn’t defend adulterous behavior, it shields the child from unnecessary tests unless there’s proof that the father wasn’t involved.
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