Paternity Must be Proven Before Granting Maintenance: Allahabad High Court

The Allahabad High Court ruled that paternity must be clearly established before ordering maintenance under Section 125 of the Code of Criminal Procedure,1973.

In this case, a Family Court had directed a man to pay maintenance for a minor girl even though he denied being her biological father.

The High Court noted inconsistencies in medical records and doubts about the circumstances of the child’s birth. It held that biological parentage is central to deciding maintenance claims.

Therefore, the Court set aside the earlier order and directed that a DNA test be conducted to determine paternity before deciding the case again.