Rohan Umak
SC latest ruling: The Supreme Court of India ruled on Wednesday that a man cannot be held liable to pay maintenance for a child who does not belong to him biologically, even if he/she were born during the subsistence of marriage. The ruling came as the court trashed a woman’s plea, who had applied for financial aid for her daughter.
A bench comprising Justices Sanjay Karol and N Koteshwar Singh clarified that this principle would apply only when it is conclusively proven that the man is not the biological father of the child.
Couple parted ways earlier
The court was hearing a case where a woman sought an interim maintenance order for her daughter under the Protection of Women from Domestic Violence Act, 2005. She had married a man in 2016, and parted ways with him later after a marital discord.
During legal proceedings, the husband requested a DNA test to establish paternity. The test approved by the court confirmed that he was not the actual father of the child. However, the woman did not challenge this.
SC latest ruling: Apex court upholds lower courts’ decisions
Earlier, both the trial court and the Delhi High Court had refused the woman to grant maintenance for the child, as per the DNA findings. The Apex court upheld these decisions and reiterated that when scientific evidence is unequivocal, it overrides legal assumptions. During this, the apex court also referred to earlier rulings, like Aparna Ajinkya Firodia vs Ajinkya Arun Firodia, underlining that DNA tests should be ordered cautiously. As the test in this case was uncontested, its findings were deemed decisive by the bench.
Court emphasises child welfare
Although the court denied maintenance, it emphasised safeguarding the child’s welfare. It directed the Women and Child Development Department in Delhi to cater to the child’s needs, including education, healthcare and nutrition, while extending necessary support.
