In a significant judgment from February 2023, the Supreme Court ruled that a husband’s suspicion of his wife’s infidelity cannot be a valid reason to seek a paternity test if the couple cohabited and there is no proof of impotency.
The court emphasized that Section 112 of the Indian Evidence Act presumes the legitimacy of a child born during a valid marriage. A DNA test can only be ordered if the husband can prove that he had no physical access to his wife during the period of conception.
The bench, comprising Justices V Ramasubramanian and BV Nagarathna, expressed concern for the child’s well-being, which is often compromised in legal disputes between parents. “If a husband and wife have lived together, and impotency is not proven, the child born from their marriage is presumed legitimate, even if the wife is accused of infidelity,” Justice Nagarathna explained.
She further added, “A woman’s alleged infidelity does not alone negate the presumption of a child’s legitimacy. Only evidence proving that the husband had no physical relationship with his wife during the conception period could challenge this presumption.”
Justice Ramasubramanian, in his concurrent verdict, clarified, “We do not suggest that Section 112 shields any alleged adulterous conduct. However, any attempt to invalidate the legal effect of this section cannot be justified merely to achieve an alternate objective.”
The ruling came after a woman challenged family court and Bombay High Court orders that directed a paternity test based on her husband’s allegations of infidelity. The Supreme Court overturned the lower court decisions, stating that the husband’s failure to prove non-access meant the case was unfit for a paternity test.
This verdict highlights the court’s commitment to protecting children’s rights and ensuring that legal battles do not compromise their welfare.
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