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

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.