Allahabad High Court Denies Woman's Request for DNA Test to Establish Child's Paternity
Allahabad HC rejects woman’s plea for DNA test to prove man she was in a relation with fathered her son
The Indian Express
Image: The Indian Express
The Allahabad High Court has denied a married woman's request for a DNA test to determine the paternity of her son, born during her marriage. The court upheld the presumption of legitimacy, stating that the child is presumed to be the husband's, despite allegations of an extramarital affair.
- 01The court ruled in favor of the presumption of legitimacy for children born during marriage.
- 02The woman sought a DNA test to prove another man fathered her son for maintenance claims.
- 03The husband's DNA test revealed he was not the biological father, leading to divorce proceedings.
- 04The court emphasized the importance of protecting the legitimacy of children against unsubstantiated claims.
- 05Justice Shukla highlighted the potential harm of mandatory DNA testing on individual reputations.
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The Allahabad High Court has rejected a married woman's plea for a DNA test to establish the paternity of her son, born during her marriage. The court, led by Justice Nand Prabha Shukla, emphasized the presumption of legitimacy for children born within wedlock, stating that even if the woman had an extramarital affair, it does not negate the child's legitimacy. The husband had filed for divorce after a DNA test indicated he was not the biological father. The court referenced a Supreme Court ruling affirming that the legitimacy of a child born during a valid marriage cannot be easily challenged by a DNA test. The ruling aims to protect the reputation of individuals and the sanctity of familial relationships, asserting that allegations of infidelity do not automatically invalidate a child's status. The woman had previously sought maintenance from the other man, but her application was dismissed due to a lack of evidence regarding their relationship.
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This ruling reinforces the legal presumption of legitimacy, which affects custody and maintenance claims in similar cases, potentially impacting many families dealing with paternity disputes.
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