The SC also reviewed family law in the UK, US, and Malaysia, which favor a 👉presumption of legitimacy but permit DNA tests when legitimacy is challenged
A Thread..
A Thread..
A woman in Kerala, who admitted to having a child with a man other than her husband during their marriage, sought to change her child's surname to that of the biological father after her divorce.
Fair enough? Wait for it
Fair enough? Wait for it
The Cochin municipality refused, requiring a court order. She then claimed maintenance for herself and the child from the alleged biological father, who denied any relationship.
Interesting??
Interesting??
Kerala courts ordered a DNA test, but the man appealed to the Supreme Court (SC), arguing that forcing a DNA test violated his privacy under Section 112 of the Indian Evidence Act, which presumes a husband as the father of a child born during marriage 😤😤
❗❗The SC, led by Justices Surya Kant and Ujjal Bhuyan, noted the balance between protecting privacy and dignity against the social stigma of illegitimacy and the child's right to know their biological father.
Balance....
Balance....
The court ruled that forcing a DNA test infringes on personal privacy and reputation, allowing the man's appeal and setting aside the DNA test order.
The SC also reviewed family law in the UK, US, and Malaysia, which favor a presumption of legitimacy but permit DNA tests when legitimacy is challenged
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