Case Note & Summary
The case involved a matrimonial dispute between the appellant and respondent, stemming from a marriage solemnized on April 20, 1999. The respondent filed for divorce under Section 13 of the Hindu Marriage Act, 1955, which was dismissed by the trial court on December 7, 2006. Following this, the respondent sought a DNA test for their child born in November 2004, claiming doubts about the child's legitimacy. The High Court allowed this application, suggesting a potential for family reunification based on the test results. The appellant contested this decision, arguing that the respondent had not previously raised any allegations regarding the child's paternity during the divorce proceedings. The Supreme Court reviewed the High Court's order and found it unjustified, emphasizing the legal presumption of legitimacy that protects children born within marriage. The court noted that the respondent had not provided any evidence of an illicit relationship that would undermine this presumption. Consequently, the Supreme Court set aside the High Court's order for a DNA test and directed the High Court to expedite the pending appeal. The appeal was allowed without costs.
Headnote
A) Family Law - Legitimacy of Child - Presumption of Legitimacy - Hindu Marriage Act, 1955, Section 13 - The court held that the presumption of legitimacy applies unless there is clear evidence to the contrary, and the High Court erred in ordering a DNA test based solely on the husband's prestige issue without substantial grounds. The appeal was allowed, and the DNA test order was set aside (Paras 8-10).
Issue of Consideration
Whether the High Court was justified in allowing a DNA test of the child born during the marriage.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order for a DNA test, and requested the High Court to expedite the pending appeal.
Law Points
- Presumption of legitimacy
- DNA test in matrimonial disputes
- Hindu Marriage Act
- 1955
- Section 13
- appellate jurisdiction of High Court
