Supreme Court Upholds Legal Fatherhood in Cases of Extramarital Affairs
- BySomya Bhaskar
- 29 Jan, 2025
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In a significant ruling, the Supreme Court of India has upheld that a husband remains the legal father of a child born during marriage, even if conceived through the wife's extramarital affair. This decision emphasizes the principle of legitimacy over biological paternity, rooted in Section 112 of the Indian Evidence Act, which presumes that children born to married women are legitimate.
The case arose when a husband sought to disprove his paternity due to allegations of his wife's infidelity. The court ruled that mere claims of adultery are insufficient to challenge this presumption; one must prove non-access, meaning there were no opportunities for sexual relations between the spouses at the time of conception. This ruling emphasizes that DNA tests can only be ordered if non-access is demonstrated, safeguarding children's rights in matrimonial disputes.
By prioritizing a child's legitimacy, the court reinforces their rights and welfare, ensuring they are not unfairly affected by marital conflicts. The judgment aligns with similar legal principles globally, advocating for family integrity while also highlighting parental responsibilities.
This ruling serves as a reminder that while biological connections are important, they do not overshadow the legal and moral obligations inherent in marriage and parenthood.
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