The Court referred to
Section 112 of the Indian Evidence Act, which says that
if a child is born during a valid marriage, the husband is legally presumed to be the fathe, unless it can be proven that the husband and wife had
no access to each other during the time of conception.
The judges stressed that this is
not just about biology, the rule exists to protect the child’s legitimacy and dignity in society.
They also made it clear that:
- Just proving the wife had an affair is not enough.
- DNA tests won’t be allowed automatically unless there is strong proof of non-access.
- The presumption stays unless the husband can show they could not have been together at the time.
Summary:
- Rule: Child born during marriage → husband is father by law.
- Exception: Only if proven the couple had no chance to be together when the child was conceived.
- Why: Protects the child’s status and avoids social stigma.