The Supreme Court has held that a man cannot be compelled to pay maintenance for a non-biological child, even if the child was born during a valid marriage.
The Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed an appeal filed by the mother, thereby affirming the Delhi High Court’s decision denying maintenance to the child.
The parties had married in 2016, but disputes soon arose, leading the mother to file an application under the Protection of Women from Domestic Violence Act, 2005, seeking interim maintenance for herself and her child.
During the proceedings, the respondent sought a DNA test to determine paternity, which was permitted by the Magistrate. The test conclusively showed that he was not the biological father. On this basis, the Trial Court rejected the claim for interim maintenance for the child,a decision that was upheld on appeal and later by the High Court.
The Supreme Court in this case, examined the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 (now Section 116 of the Bharatiya Sakshya Adhiniyam), which deems a child born during a valid marriage to be legitimate unless non-access between spouses is proven. The Court revisited earlier rulings on the interaction between this statutory presumption and modern scientific methods such as DNA testing.
The Bench agreed that courts must exercise caution in directing DNA tests. However, it distinguished the present case on the ground that the DNA test had already been conducted with the consent of the parties and its findings were never challenged. As such, the report had attained finality.
The Court drew support from Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (2014), where it was held that conclusive scientific evidence must prevail over statutory presumptions.
Applying this reasoning, the Court found no error in denying maintenance to the child and dismissed the appeal. At the same time, it expressed concern for the child’s welfare in light of the dispute over parentage.
The Court directed the Secretary of the Women and Child Development Department, Government of the National Capital Territory of Delhi, to assign a senior official, to assess the child’s living conditions, including education, nutrition, healthcare, and other basic needs, and to take appropriate remedial steps wherever necessary.
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