CHENNAI: The Madras high court has rejected a man's plea to make his wife undergo a DNA test to decide the paternity of their child, stating that if the marriage exists it should be “presumed“ that the child is a legitimate one.

Upholding the orders of a subordinate court in this regard, Justice M Venugopal said: “It cannot be forgotten that a child born during the wedlock of parties is `presumed' to be a legitimate one and the burden lies on the shoulders of the husband to prove otherwise.“

Unless the husband is able to establish non-access satisfactorily and conclusively, the presumption under Section 112 of the Evidence Act shall prevail,“ the court said.

Prakash had filed a petition in the Cheyyar judicial magistrate's court claiming that he was not the father of their child, which was born within six months of the date of their marriage. He also claimed that he never had any sexual relationship with his wife, either before or after marriage.

On October 8, 2014, the judicial magistrate of Cheyyar rejected his plea. In the present petition in high court, he challenged the magistrate's order.

Dismissing the petition, Justice Venugopal said Section 112 of Evidence Act referred to the `point of time of birth', not the time of conception, as a deciding factor.



Facebook Twitter Linkedin EMail