3 min readLucknowUpdated: May 6, 2026 12:16 PM IST
It added, “It seems that the husband and the other person, both, had simultaneous access. There being a statutory mandate, the child shall be presumed to be the son of the woman's husband.”
The Allahabad High Court has rejected a married woman’s application for a DNA test to establish the paternity of her minor son so she could claim maintenance from a man she allegedly had an affair with.
The woman’s husband had already separated from her and filed for divorce after a DNA test reportedly showed he was not the child’s biological father.
In an order dated May 4, a single bench of Justice Nand Prabha Shukla said the child was born during a valid marriage, when both spouses were living together. Because of this, the law presumes the husband to be the child’s father — even if there are claims of an extramarital relationship. “… It is obvious that both had access throughout their marriage. Even if it is presumed that the wife developed an extramarital relationship with the other person, especially when the child was born, such a fact, per se, would not be sufficient to displace the presumption of legitimacy,” it said.
The court noted that both the husband and the alleged partner had “simultaneous access,” but “there being a statutory mandate, the child shall be presumed to be the son of the woman’s husband”.
In the judgment, the bench cited a recent Supreme Court order which states, “… The law favours legitimacy and frowns upon illegitimacy… Section 112 of the Indian Evidence Act stands as a bulwark against the casual illegitimisation of children on the strength of unsubstantiated allegations or mere suspicion.”
Case background
The woman had approached the High Court to quash a January 19 order of a family court in Agra, which had denied her request for a DNA test. She wanted the test to support her claim for maintenance from the man she was allegedly involved with. The family court had rejected it on the ground that there was no material available with regard to a live-in-relationship between her and the other man.
According to the court order, the woman married in 2012 and had two sons with her husband. Around 2018-19, she allegedly began a relationship with another man. A third child was born on July 12, 2020. Soon after, the husband conducted a DNA test, which reportedly showed he was not the biological father, and he filed for divorce.
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Court’s reasoning
The HC bench, in its order, observed, “It is relevant to mention that… during the subsistence of the valid marriage, she [the woman] developed an extra-marital relationship with the other person who fathered the child. The birth of the child during the subsistence of valid marriage… is conclusive proof of legitimacy.”
Justice Shukla further stated, “The Apex Court had held that a DNA test in a matter relating to paternity of a child should not be directed by the Court as a matter of course or routine manner. Forcibly undergoing a DNA test would subject an individual’s private life to scrutiny from the outside world. That scrutiny, particularly when, concerning matters of infidelity, can be harsh and can eviscerate a person’s reputation and standing in society.”
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.
Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More
