38.6c New Delhi, India, Thursday, May 14, 2026
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Can’t Claim Maintenance from Man if DNA Test Shows Non-Paternity: Supreme Court of India [Read Judgment]

By Saket Sourav      22 April, 2026 03:48 PM      0 Comments
Cant Claim Maintenance from Man if DNA Test Shows Non Paternity Supreme Court of India

New Delhi: The Supreme Court of India has held that where a DNA test has been conducted, its result has attained finality, and the man has been conclusively found not to be the biological father of the child, the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 must yield to the scientific finding. In such circumstances, the man cannot be directed to pay maintenance for the child, even though the child was born during the subsistence of a valid marriage between the parties.

The judgment was pronounced by a Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh on April 21, 2026, dismissing a criminal appeal preferred by the mother against the Delhi High Court’s judgment dated 17.10.2023, which had upheld the denial of maintenance to her daughter.

The appellant, Nikhat Parveen @ Khusboo Khatoon, had been employed as domestic help in the residence of the respondent, Rafique @ Shillu, for a period of three years. The parties eventually married, and a child was born. After some time, the matrimonial relationship soured, and the appellant filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking interim maintenance of ₹25,000 per month, a protection order, and restoration of her stridhan articles.

In response, the respondent denied all allegations of domestic violence and sought a direction for a DNA test to establish paternity. The Trial Court allowed this prayer, and the DNA report concluded that the respondent was not the biological father of the child. On this basis, and on account of the appellant’s alleged concealment of her source of income, the Trial Court rejected the application for interim maintenance. The First Appellate Court affirmed this, also noting that the prayer for the child’s maintenance was no longer pressed.

The Delhi High Court, in the impugned order, remanded the question of the appellant’s own maintenance to the Trial Court for fresh consideration, but upheld the denial of maintenance to the child on the basis that the DNA report had attained finality and was on record.

Before the Supreme Court, the main ground of challenge was the applicability of Section 112 of the Indian Evidence Act, 1872 (now Section 116 of the Bharatiya Sakshya Adhiniyam, 2023), which provides that the birth of a person during the continuance of a valid marriage between his mother and any man shall be conclusive proof of that man’s paternity, unless it can be shown that the parties had no access to each other at the time when the child could have been begotten.

Tracing the evolution of judicial opinion on this provision, the Court noted that in Dukhtar Jahan v. Mohd. Farooq, (1987) 1 SCC 624, it had held that the rule of law, based on the dictates of justice, has always made courts incline towards upholding the legitimacy of a child, and that courts must desist from lightly rendering a verdict that would brand a child as illegitimate. In Goutam Kundu v. State of West Bengal, (1993) 3 SCC 418, the Court held that orders for blood tests cannot be made as a matter of course, that a strong prima facie case of non-access must be established before the presumption is displaced, and that no one can be compelled to give a blood sample.

In Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, (2014) 2 SCC 576, the Court held that where scientific truth is established through a DNA test, there is no room for presumption, and that when there is a conflict between a conclusive proof envisaged under law and proof based on scientific advancement accepted by the global community, the latter must prevail.

The Court also relied on Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, (2024) 7 SCC 773, wherein it was held that even a genuine DNA test result cannot override the conclusiveness of the presumption under Section 112 in the absence of proof of non-access, and that such a test may establish adultery, but not illegitimacy. In Ivan Rathinam v. Milan Joseph, 2025 SCC OnLine SC 175, the Court adopted a balanced approach, weighing the stigma of illegitimacy against the child’s right to know their biological father, and held that a DNA test should be ordered only where existing evidence is insufficient and such a balance justifies it.

The Supreme Court, after considering this line of authority, identified the common thread as a consistent judicial hesitation to order or endorse DNA testing. While agreeing with this position, the Court distinguished the present case from Aparna Ajinkya Firodia, noting that here the DNA test had already been conducted with the appellant’s consent, had not been disputed, and had attained finality.

In these circumstances, the Court held that the position in Badwaik directly applied: when a court-directed DNA test report is available on record and conflicts with the presumption of legitimacy, it cannot be ignored. The appeal was accordingly dismissed, and the High Court’s decision denying maintenance to the child was upheld as free from error.

Expressing concern for the child’s welfare, the Court directed the Secretary, Women and Child Development, Government of NCT of Delhi, to depute a person of considerable experience to ascertain the appellant’s living conditions and assess the child’s well-being in terms of education, nutrition, health, and access to basic necessities. The Department was further directed to take remedial measures wherever deficiencies were found.

Case Title: Nikhat Parveen @ Khusboo Khatoon v. Rafique @ Shillu, Criminal Appeal arising out of SLP (Crl.) No. 15256 of 2023, 2026 INSC 399

[Read Judgment]



Share this article:

About:

Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

punjab-and-haryana-hc-lifts-ban-on-zee5-documentary-on-lawrence-bishnoi-sets-aside-centres-advisory
Trending CelebStreet
Punjab and Haryana HC Lifts Ban on ZEE5 Documentary on Lawrence Bishnoi, Sets Aside Centre’s Advisory [Read Order]

Punjab and Haryana High Court lifts ban on ZEE5’s Lawrence Bishnoi documentary, quashes Centre’s advisory over lack of legal basis.

13 May, 2026 03:33 PM
deliberate-institutional-blindness-jharkhand-high-court-slams-illegal-mining-in-hazaribagh-issues-15-sweeping-directions
Trending Judiciary
“Deliberate Institutional Blindness”: Jharkhand High Court Slams Illegal Mining in Hazaribagh, Issues 15 Sweeping Directions [Read Order]

Jharkhand High Court issues 15 directions on illegal mining in Hazaribagh, holding continued inaction despite surveillance violates Article 21.

13 May, 2026 04:17 PM

TOP STORIES

kerala-hc-upholds-conviction-under-section-377-ipc-for-sexual-offences-against-minor-partially-reduces-sentence-on-appeal
Trending Judiciary
Kerala HC Upholds Conviction Under Section 377 IPC for Sexual Offences Against Minor, Partially Reduces Sentence on Appeal [Read Judgment]

Kerala High Court upheld conviction under IPC Sections 354, 377 & 450 for sexual offences against an 11-year-old girl, affirming Section 377 applies to minors.

08 May, 2026 11:30 AM
madras-hc-refuses-to-quash-contempt-proceedings-against-advocates-accused-of-disrupting-court-proceedings
Trending Judiciary
Madras HC Refuses to Quash Contempt Proceedings Against Advocates Accused of Disrupting Court Proceedings [Read Order]

Madras High Court upheld contempt proceedings against advocates accused of disrupting remand hearings and pressuring a Judicial Magistrate.

08 May, 2026 11:38 AM
india-signs-1476-crore-deal-with-bel-to-upgrade-armys-electronic-warfare-systems
Trending News Updates
India Signs ₹1,476 Crore Deal With BEL to Upgrade Army's Electronic Warfare Systems

India’s Ministry of Defence signed a ₹1,476 crore deal with BEL for advanced electronic warfare systems under the Buy (Indian-IDDM) category, boosting indigenous defence production and Indian Army capabilities.

08 May, 2026 11:51 AM
sc-issues-notice-to-union-on-aaps-plea-challenging-suspension-of-gujarat-units-instagram-and-facebook-accounts
Trending Judiciary
SC Issues Notice to Union on AAP’s Plea Challenging Suspension of Gujarat Unit’s Instagram and Facebook Accounts

Supreme Court issues notice on AAP plea challenging suspension of Gujarat unit’s Instagram and Facebook accounts ahead of local body polls.

08 May, 2026 04:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email