Husband Remains Legal Father of Child Born Out of Wife’s Adultery in Valid Marriage : Supreme Court

The Supreme Court ruled that if a child is born during a valid marriage, the husband is presumed to be the father under Section 112 of the Indian Evidence Act.

This presumption can only be rebutted by proving that the husband and wife had no access to each other during conception.

The Court held that legitimacy and paternity are linked and a DNA test cannot challenge legitimacy unless non-access is proven. Forced DNA tests can harm reputation, mental health, and dignity. DNA test based on adultery allegations violates privacy.

The Kerala High Court’s decision was overturned, affirming that dignity cannot be compromised without strong legal grounds.