No maintenance if father is not found in DNA test: Supreme Court rejects mother’s appeal

Bureau Prayagraj- The Supreme Court of India has said that if a DNA test proves that a person is not the biological father of the child, he cannot be forced to pay maintenance, even if the child was born out of wedlock. A division bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh rejected the appeal filed by the mother and upheld the Delhi High Court’s decision.

The parties were married in 2016. Later, when a dispute arose, the woman sought interim maintenance for herself and the child under the Protection from Domestic Violence Act, 2005. During the hearing, a DNA test was conducted on the husband’s demand, in which it was revealed that he was not the biological father of the child. On the basis of this, the trial court refused to grant maintenance for the child, which was also upheld by the appellate court and the High Court.

The Supreme Court said that generally a child born out of wedlock is considered legitimate under the law, but when paternity is clearly ruled out by a scientific test like a DNA test and that report is not even challenged, such evidence will be given priority.

However, keeping in mind the welfare of the child, the court directed the Women and Child Development Department of the Delhi government to assess the child’s condition—such as education, health and nutrition—and ensure assistance, if necessary. The court made it clear that biological relationship is important in maintenance cases and the traditional legal presumption cannot hold up in the face of scientific evidence.