Science Over Status: SC Rules No Maintenance for Non-Biological Children

Read Judgment

The Supreme Court has held that when a DNA test conclusively establishes that a man is not the biological father of a child, he cannot be directed to pay maintenance, even though the child was born during the subsistence of marriage.

 A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed an appeal filed by a mother challenging the denial of maintenance to her daughter, affirming the Delhi High Court's decision in the matter.

Background

The parties were married in 2016 . Subsequently, matrimonial disputes arose, and the mother filed an application under the Protection of Women from Domestic Violence Act, 2005 seeking interim maintenance for herself and the child.

During the proceedings, the respondent sought a DNA test to determine paternity. The Magistrate allowed DNA test to be carried out. The test report concluded that he was not the biological father of the child. Relying on this finding, the Trial Court rejected the claim for interim maintenance for the child, and the decision was upheld in appeal and by the High Court.

Supreme Court's Findings

The Supreme Court examined the scope of the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872- presently Section 116 of the Bharatiya Sakshya Adhiniyam-  which treats a child born during a valid marriage as legitimate unless non-access between spouses is proved.

 The Court referred to various judgments which have discussed the interplay between Section 112 and modern tests to determine paternity.