NEW DELHI: The Supreme Court of India has dismissed an appeal by a woman seeking maintenance for her minor daughter after a DNA test established that the respondent was not the child's biological father. A Bench comprising Justices Sanjay Karol and N. K. Singh upheld a Delhi High Court ruling that denied maintenance for the child while allowing reconsideration of the woman's own claim.
The dispute arose when the woman, who had worked as a domestic help for the respondent, alleged that he entered into a relationship with her on the promise of marriage. The two later married in March 2016, and a child was born the following month. After matrimonial issues emerged,the woman sought interim maintenance under the Protection of Women from Domestic Violence Act, 2005. During proceedings, the respondent denied paternity and requested a DNA test, which the trial court permitted. The results showed he was not the biological father.
Relying on this evidence, the trial court rejected the maintenance claim for the child, a decision upheld by appellate courts and the High Court. Before the apex court, the woman argued based on Section 112 of the Indian Evidence Act, which presumes legitimacy for children born within a valid marriage unless non-access is proven.
The Supreme Court acknowledged that this presumption exists to protect children from stigma but clarified that it is not absolute when conclusive scientific evidence is available. The Bench emphasized that where there is a conflict between legal presumption and reliable scientific proof, such as a DNA test, the latter must prevail. Since the DNA test in this case was conducted with consent and never challenged, it had attained finality.
While dismissing the appeal as lacking merit, the Court expressed concern for the child's welfare. It directed the Delhi government's Department of Women and Child Development to assess the child's living conditions, including education, nutrition, health, and basic needs, and to take remedial steps if required.
The Court also noted that the woman's personal maintenance claim remains pending reconsideration before the trial court. (IANS)
Also Read: Supreme Court Says Mamata's Alleged ED Interference Put Democracy 'In Peril'