The Supreme Court has ruled that infidelity alone cannot justify a paternity test if the couple lived together and no impotency is proven. The decision emphasizes the welfare of the child and the legal presumption of legitimacy under Section 112 of the Evidence Act.
The Supreme Court ruled that if a child is born during a valid marriage, the husband is presumed to be the legal father, even if the wife claims the child was conceived through adultery. The court emphasized the privacy and dignity of individuals in paternity disputes.
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.
