The Supreme Court judgement is related to the issue of legitimacy of a child born during marriage and the conclusive presumption of paternity under Section 112 of the Evidence Act. The judgement discusses how such a presumption cannot be used to question the legitimacy of a child born during a valid marriage, and that any attempt to do so would jeopardize the dignity and reputation of the mother. It also explains that the presumption can be rebutted only by strong and cogent evidence, and that personal laws would apply in cases of children born outside a valid marriage. Additionally, the text touches upon the issue of DNA testing and how it cannot be used to disprove the conclusive presumption under Section 112. Overall, the text appears to be discussing the legal framework and principles governing the issue of legitimacy of a child and the role of Section 112 in establishing paternity.
“The Family Court as well as the High Court were wrong in
allowing the application of the respondent for subjecting the child
to DNA test.”
Aparna Ajinkya Firodia …Appellant
Versus
Ajinkya Arun Firodia …Respondent………………judgment on Feb 21, 2023