Introduction:

In a significant ruling, the Delhi High Court has upheld a family court order rejecting a husband’s plea for a paternity test to establish his wife’s alleged adulterous conduct and the legitimacy of the minor child. The division bench, comprising Justice Rajiv Shakdher and Justice Amit Bansal, dismissed the appeal, emphasizing that the issue of adultery can be addressed without subjecting the child to a paternity test. The court underscored the presumption of legitimacy under Section 112 of the Evidence Act, highlighting the need for a fair trial to determine allegations of an extramarital relationship.

Arguments of Both Sides:

The husband sought a paternity test, asserting that he was suffering from azoospermia and questioning the child’s paternity. The family court rejected this request, leading to the husband’s appeal. His plea aimed to establish the wife’s alleged adulterous relationship, impacting the child’s legitimacy. The court emphasized the necessity of a trial to ascertain the facts and determine the wife’s conduct without involving the child in a paternity test. The ruling cited the Aparna Ajinkya Firodia case to support its position.

Court’s Judgement:

The Delhi High Court upheld the family court’s decision, rejecting the husband’s plea for a paternity test. The bench emphasized the presumption of legitimacy under Section 112 of the Evidence Act, acknowledging the couple’s period of living together. It highlighted the need to avoid impacting the child’s interests, asserting that allegations of adultery could be addressed without a paternity test. The court emphasized the role of the family court in evaluating evidence to determine the wife’s alleged extramarital relationship and upheld the fair trial principle.