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India
In a landmark decision, the Supreme Court of India has ruled on a long-standing paternity case, weighing an individual’s right to know their biological father against another person’s right to privacy. The case, spanning two decades, involves a 23-year-old man who sought a DNA test to prove his paternity, claiming that his birth resulted from his mother’s extramarital affair. He argued that understanding his biological parentage was crucial to secure maintenance for his medical expenses, as he faced several health issues and required surgeries.
The case dates back to the early 2000s when the mother, after separating from her husband, sought to change the birth records of her son, claiming that he was born out of an affair. Despite this, local authorities refused to amend the records without a court order. The legal battle began in 2007, with the lower courts initially rejecting the idea of a paternity test based on Section 112 of the Indian Evidence Act, which presumes that a child born during a valid marriage is the legitimate child of the husband.
Privacy Concerned
In its ruling, the Supreme Court carefully balanced the son’s right to know his biological father with the alleged father’s right to privacy. The bench emphasized the potential harm to an individual’s reputation, especially when personal matters such as infidelity are involved. The court noted that a forced DNA test could expose a person’s private life to unwanted scrutiny, which could damage their social and professional standing and cause mental distress.
Emotional Angle
The court also acknowledged the emotional and reputational toll on women involved in such cases, stressing that the legal system must protect the dignity and privacy of vulnerable individuals, especially in cases involving extramarital affairs. The ruling reaffirmed that under Section 112 of the Indian Evidence Act, a child born during a legal marriage is presumed to be the legitimate child of the husband unless there is substantial evidence proving otherwise.
The case further explores the issue of maintenance, with the son seeking financial support for his health care. While previous rulings had allowed for maintenance claims from biological fathers, the Supreme Court ultimately held that the legitimacy of the child is paramount, with the presumption of legitimacy overriding claims of extramarital parentage in the absence of proof of non-access.
This decision concludes the lengthy legal battle, reiterating that paternity in such cases is determined by legitimacy under Indian law, which can only be challenged by proving non-access between the spouses. The ruling, therefore, quashes the 23-year-old’s claim of paternity from his alleged biological father.
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