Paternity test of child can be allowed in marital dispute: SC
The Indian Supreme Court has ruled that a child can be subjected to a paternity test during a matrimonial dispute if the husband challenges the child's legitimacy. The court emphasized that such tests are permissible when there is a prima facie case of unchastity.
Why it matters
This ruling sets a legal precedent in India regarding the balance between a child's right to privacy and a spouse's right to prove allegations in divorce proceedings.
NEW DELHI: Though the legitimacy of a child born during marriage is presumed, Supreme Court Wednesday held that a child can be subjected to a paternity test in a matrimonial dispute in which a man has sought divorce on the ground of alleged unchaste character of his wife and has claimed that he is not the child's biological father.A bench of Justices M M Sundresh and Prasanna B Varale rejected the plea of a woman who had opposed a paternity test of the child. She contended it was a settled principle of law that no party can be forced to undergo a DNA test, and the divorce plea of her husband should be decided without the paternity test."If you are loyal, then why should you object to the test," the bench asked.
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