Supreme Court Permits Paternity Test of Child in Matrimonial Disputes

The Supreme Court held that courts can order a child to undergo a DNA paternity test during matrimonial disputes, provided strong prima facie evidence exists. The bench emphasized that while the legal presumption of legitimacy during marriage remains paramount, scientific evidence can be permitted when essential to resolve complex marital and paternity disputes accurately.

Section 112 of the Indian Evidence Act (now reflected under the Bharatiya Sakshya Adhiniyam) creates a conclusive presumption of legitimacy for a child born during a valid marriage. Historically, courts have been extremely cautious in ordering DNA tests to protect children from the stigma of illegitimacy and preserve the sanctity of family structures under Article 21 rights.

The Supreme Court clarified that DNA testing cannot be ordered routinely or as a fishing expedition. Courts must balance the husband's right to prove non-access against the child's right to privacy and legitimacy. Testing is permissible only when non-access between spouses is established prima facie and the truth cannot be ascertained through other oral or documentary evidence.

Legal principles regarding scientific evidence and personal laws are significant for Law, Polity, and Civil Services exams. Prelims candidates should know the presumption of legitimacy under Indian evidence jurisprudence and constitutional privacy rights. For Mains GS Paper II, this judgment provides a reference point for balancing scientific truth, child rights, and judicial discretion.