Supreme Court : ‘Child Born in Marriage Is Preasumed Legitimate’
In a landmark ruling, the Supreme Court of India has clarified the intricate relationship between the legitimacy of a child and the establishment of paternity. On a pivotal Tuesday, a bench comprising Justices Surya Kant and Ujjal Bhuyan underscored that a child born during the course of a valid marriage is presumed to be the legitimate offspring of both parents, provided they had access to each other at the time of conception.
The court’s decision was rooted in Section 112 of the Indian Evidence Act, 1872, which presumes the legitimacy of a child born to a married woman, unless non-access can be conclusively proven. This section acts as a shield to protect children from unwarranted inquiries into their parentage, ensuring that the presumption of legitimacy equates to paternity.
The case that brought this issue to light involved a respondent, born during his mother’s marriage to RK, claiming another man, the appellant, as his biological father. Despite these claims, the courts maintained the presumption of legitimacy in favor of RK, dismissing the respondent’s suit for paternity declaration.
ALSO READ | Mahakumbh Stampede : 10 Dead, 30 Injured in Stampede at Sangam Ghat
The respondent argued for a distinction between legitimacy and paternity, suggesting that one does not automatically establish the other. However, the Supreme Court refuted this, stating that once a child is proven legitimate under marriage, paternity is inherently established.
The court highlighted the complexities involved in DNA testing, emphasizing that such tests should not be ordered lightly due to privacy concerns. The appellant argued against undergoing a DNA test, stating there was no strong prima facie case for non-access, and thus, his right to privacy shouldn’t be infringed.
This judgment has broader implications:
- Protection of Child’s Rights: It safeguards children from being dragged into paternity disputes without substantial reason.
- Burden of Proof: The onus is on those claiming illegitimacy to prove non-access, not just allege adultery or simultaneous access.
- Privacy Considerations: The ruling respects personal privacy, limiting the circumstances under which invasive paternity tests can be mandated.
This ruling by the Supreme Court not only clarifies legal principles but also reinforces the societal value placed on the stability and sanctity of marriage concerning child legitimacy. It serves as a reminder of how deeply intertwined legal presumptions are with social norms and personal rights. For those navigating similar legal waters, this decision sets a precedent that could influence future cases, ensuring that the law remains both compassionate and just.
