The Allahabad High Court rejected a man’s request for a fresh DNA test to deny paternity of his daughter and avoid paying maintenance. The court emphasized the presumption of legitimacy for children born within marriage, criticizing the use of secret DNA tests.
A court refused to grant maintenance to a 36-year-old woman earning more than her estranged husband. However, the court ordered the husband to pay child maintenance, despite his denial of paternity.
The Supreme Court ruled that infidelity is not grounds for a paternity test when a couple has cohabited. The child’s legitimacy remains protected under the law.
The Supreme Court ruled that infidelity alone does not justify a paternity test. Legitimacy is presumed if husband and wife cohabit and no impotency is proven, ensuring the child’s well-being is prioritized.
