No Paternity, No Maintenance: Supreme Court Upholds DNA Results Over Marital Presumptions

The Supreme Court has ruled that a man is not liable to pay maintenance to the child if the DNA test reveals that he is not the biological father and the estranged wife doesn’t dispute the DNA report.

Justices Sanjay Karol and N. Kotiswar Singh  under criminal appeal arising out of SLP (Crl.) No. 15256 of 2023 (2026 INSC 399) upheld the Delhi High Court ruling that disallowed the appellant's daughter to receive maintenance and sent the claim of the mother for maintenance for a fresh trial.

Key Highlights of the Judgement:

Law vs. Science: The argument was based on Section 112 of the Indian Evidence Act (or Section 116 of the Bharatiya Sakshya Adhiniyam) that imposes a "conclusive proof" of legitimacy on children born in a valid marriage. The Court acknowledged this is to prevent children being declared illegitimate.

DNA Test: Citing Andlal Wasudeo Badwaik, the Court said that in a case where there is a presumption of law and a conclusion of science (the DNA test), the latter prevails. The DNA test in this case would have been conducted with the mother's consent, and would not have been challenged, so this would have been "final".

Distinguishing Cases: This Court was different from other cases like Aparna Ajinkya Firodia, where it was whether the test should be conducted. In this case, the Court found the husband was not the father, so he could not be forced to pay maintenance for the wrongful child.

Welfare of the Child: The Court, concerned for the child's welfare, ordered the **Women and Child Development Department of the Delhi Government to monitor the welfare of the child. The official must visit the place of the child and ensure that the educational, nutritional and medical needs of the child are being met and if not, appropriate action should be taken.

Supreme Court Upholds DNA Results Over Marital Presumptions