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Supreme Court Rules DNA That Disproves Paternity Bars Child Maintenance

The court said scientific proof overrides the presumption of legitimacy, prompting a Delhi welfare review of the child's education, nutrition, health, basic needs.

Overview

  • The Supreme Court, which on Tuesday dismissed the mother's appeal, held the undisputed 2017 DNA report blocks any order requiring the man to fund the child.
  • A bench of Justices Sanjay Karol and N. K. Singh affirmed the Delhi High Court's denial of maintenance for the child and left the mother's separate claim to be decided afresh by the trial court.
  • The judges said scientific evidence must prevail over Section 112 of the Evidence Act, which presumes legitimacy for children born in marriage, when a consensual DNA test has attained finality.
  • Concerned for the girl's day‑to‑day needs, the court directed Delhi’s Women and Child Development Department to visit the home and fix gaps in schooling, nutrition, healthcare, and basic material support.
  • The decision underscores courts’ caution about ordering DNA tests but clarifies that once an unchallenged test exists, maintenance cannot be imposed on a non‑biological father, shifting support duties to state welfare channels.