NEW DELHI: A woman has approached the Supreme Court challenging the Delhi High Court's order stating that a man would not be liable to provide maintenance to a child born during the subsistence of marriage in view of the DNA report declaring him not to be the biological father.
The woman was aggrieved with the Delhi High Court's order of October 17, 2023 by which her child was denied maintenance.
On a special leave petition by the woman, a bench of Justices Hrishikesh Roy and Sanjay Karol issued notice to the man.
The court sought his response within four weeks on the petition.
The woman's counsel said she worked as a cook at the man's house and lived together prior to the marriage.
She claimed that the fact that the child was born within a few months after the marriage, can have no bearing in the matter.
Her counsel referred to the Supreme Court's judgment in 'Aparna Ajinkiya Firodia vs Ajinkya Arun Firodia' (2023).
The Supreme Court had then held that if a man and woman before marriage lived together during the time of conception but the DNA test revealed that child was not born to the husband, unless there is proof of no access by the man to the lady, the DNA test would not be conclusive, to deny maintenance for the child.
Before the High Court, the man claimed he was a minor at the time of marriage.
He submitted the question of validity of marriage was pending separately. The DNA test conducted upon the child by a judicial order has not been challenged.
The woman, however, claimed she was forced by the man to establish physical relations with two of his friends, as a condition of marriage.
