The Allahabad High Court has dismissed a married woman’s request for a DNA test to ascertain the paternity of her minor son, which she sought in order to claim maintenance from a man with whom she is said to have had an extramarital affair.
Following the discovery of a DNA test result indicating he was not the biological father of the child, the woman’s husband filed for divorce and subsequently separated from her.
In a ruling issued on May 4 by Justice Nand Prabha Shukla, the court noted, “It is an established fact that the child was born while the couple’s marriage was still valid. They remained together until the husband decided to separate after obtaining the DNA test results and initiating divorce proceedings, which are currently ongoing. It is clear that both parties had access to each other during their marriage. Even if one assumes that the wife had an affair with another man while she was married, this alone does not negate the presumption of legitimacy.”
The court further stated, “It appears that both the husband and the other individual had simultaneous access. According to legal provisions, the child is presumed to be the son of the woman’s husband.”
In its judgment, the bench referenced a recent decision by the Supreme Court that emphasizes the legal preference for legitimacy, asserting, “Section 112 of the Indian Evidence Act serves as a safeguard against the unwarranted illegitimization of children based solely on unverified claims or mere suspicion.”
The woman had sought to overturn a January 19 ruling from the Additional Principal Judge of the Family Court in Agra, which had denied her application for a DNA test to establish her son’s paternity.
She aimed to secure financial support from the man she allegedly had a relationship with. According to the court’s findings, the woman was married in 2012 and had two sons. It was alleged that from 2018 to 2019, she began an extramarital relationship and gave birth to a son on July 12, 2020. After discovering this, her husband requested a paternity test, which revealed that he was not the biological father. He subsequently filed for divorce on August 24.
On October 5, she filed a motion with the Principal Judge of the Family Court in Agra, seeking maintenance for her son from the other man. However, the family court rejected her request, citing a lack of evidence regarding a cohabitation arrangement between her and the other man.
The High Court noted, “It is important to highlight that the woman is legally married, and during the validity of that marriage, she engaged in an extramarital relationship that resulted in the birth of the child. The child’s birth while the marriage was intact serves as definitive proof of legitimacy.”
The court referenced Supreme Court observations stating, “If the husband and wife were together when the child was conceived, but the DNA test indicates the child is not the husband’s, the presumption of the child’s legitimacy remains unchallenged. Even if adultery by the wife is proven, the child’s legitimacy is still legally conclusive. The presumption that a child born during a valid marriage is the husband’s cannot be overturned by a mere DNA test; to do so, there must be evidence of non-access during the period of conception.”
Justice Shukla further remarked, “The Supreme Court has indicated that courts should not routinely mandate DNA tests in paternity cases. Compelling someone to undergo a DNA test exposes their private life to public examination, which can be particularly harsh in cases involving infidelity and may severely impact an individual’s reputation and social standing.”
