Paternity Of Child, Maintenance: DNA Test
Bench: Chandramauli Kr. Prasad and Jagdish Singh Khehar.
Criminal Appeal No. 24 of 2014
The Hon’ble Supreme Court of India has pointed that The result of DNA test if scientifically accurate, then it is genuine. Though the test of DNA and any scientific development being modern were not available in the legislation, at the occasion when the provision of section 112 was provided under the Evidence Act. It is law that when a child born during continuance of a valid marriage then such child should be legitimate one and as to his/her legitimacy the legislation provides for conclusive proof as such, if prescribed conditions are satisfied which are given under section 112 as aforesaid. Said fact can only be denied by showing that there was no access between the parties to the marriage at any time when such child could have been begotten. Whereas, in the present case, the Wife contended that there was an access by her Husband which and consequently the concerned Child was begotten and took birth out of there wedlock, however the said contention or claim of Wife was very specifically denied by the Husband saying that her Wife did not return back to him, after she left her matrimonial home (i.e. Home of Husband), and as such there was no access between them and even after the child was begotten. The husband was subjected to DNA
test two times. The said DNA tests were showing that the Husband was not the biological father of the girl child. It was observed that, not a single Court from the Courts below had mentioned in their findings that as to whether there was an access between concerned Husband and Wife out of which the concerned Child was begotten. The Supreme Court found that when the result of DNA test is scientifically accurate then only it is genuine. However, no one had a case against the genuineness of the result of DNA test as such the Court has proceeded on the basis of assumption that the result of the DNA test was accurate and held that the Husband should not be compelled to bear such child’s fatherhood in the view of scientific reports which shows the fact proved in favour of him. The Court also observed that when the paternity is not proved, the husband should be freed from obligation to pay maintenance to the child and if any amount of maintenance had been paid, then such husband can recover the same.
by Faim Khalilkhan Pathan.
See Original Judgement:Nandlal Wasudeo Badwaik Vs Lata Nandlal Badwaik, on 6th January, 2014