DNA Evidence Overrides Presumption of Legitimacy in Maintenance Claim: Supreme Court

The Supreme Court ruled that a man cannot be directed to pay maintenance for a child when a DNA test conclusively proves he is not the biological father, even if the child was born during the marriage. 

The Bench held that while Bharatiya Sakshya Adhiniyam presumes legitimacy, scientific evidence must prevail when the report is undisputed and final. 

The Court distinguished this from cases where DNA tests are sought routinely, noting that in this instance, the test was conducted with consent.

Despite denying maintenance, the Court directed Delhi’s Women and Child Development Department to assess the child's welfare and ensure her basic needs are met.

[Nikhat Parveen v Rafique]