Get In Touch

Supreme Court Upholds Legal Fatherhood in Cases of Extramarital Affairs

    Share on

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. 

Share:

Post a comment

Your email address will not be published. Required fields are marked *

"Faith, Filters & Freedom: How Gen Z Is Redefining Religion on Its Own Terms"

"Faith, Filters & Freedom: How Gen Z Is Redefining Religion...

Gen Z isn't abandoning religion - they’re reshaping it. Spiritual, mindful, inclusive: welcome to the...
Did Krishna ji ever visited south of India?

Did Krishna ji ever visited south of India?

Ancient South Indian temples, hymns, and inscriptions suggest Krishna's divine presence beyond the North through...
Sarbananda Sonowal at Idea Exchange: ‘If anybody has any objection to CAA, please go to the court of law and file a petition’

Sarbananda Sonowal at Idea Exchange: ‘If anybody has any objection...

Union Minister Sarbananda Sonowal will contest from Dibrugarh, replacing Rameswar Teli, reflecting BJP’s strategic electoral...
Why Do People Wear Yellow on Thursday?

Why Do People Wear Yellow on Thursday?

People wear yellow on Thursday to honor Lord Vishnu and Sai Baba, attract Jupiter's blessings,...
Pune officials study Indore's cleanliness model for citywide transformation

Pune officials study Indore's cleanliness model for citywide transformation

Pune officials visited Indore to study its award-winning cleanliness model. From GPS-monitored waste collection to...
SEBI Bans YouTube Influencer Over ₹9.5 Crore Scam

SEBI Bans YouTube Influencer Over ₹9.5 Crore Scam

SEBI has banned a YouTube influencer with over 19 lakh subscribers for misleading investment advice...

Login

Don’t you have an account ?

Register