The Supreme Court of India, on Tuesday, resolved a complex conflict between paternity and legitimacy concerning a child born to an adulterous woman. The case, originating from Kerala, centered on the legal recognition of a child’s father when the biological parent is not the woman’s husband. The Court ruled that if the marriage between the spouses was intact and they had access to each other, the husband would be considered the child’s legal father, even if he was not the biological parent.
Justice Surya Kant, writing for the bench, referred to Section 112 of the Indian Evidence Act, which creates a strong presumption that the husband is the father of the child born during the marriage. He emphasized that this presumption exists to avoid unnecessary inquiries into a child’s parentage and that the burden of proof lies with anyone challenging the legitimacy of the child. For a husband to contest legitimacy, he must prove non-access, meaning that it was impossible for the spouses to have had sexual relations at the time of conception.
In this case, the woman admitted that the child was fathered by another man during her marriage. After seeking a change in the child’s surname and maintenance from the biological father, a DNA test was ordered by lower courts. The Supreme Court, however, ruled in favor of privacy and dignity, allowing the man’s appeal to avoid the test, reinforcing his right to refuse it to protect his reputation.
Read also: