Primacy of DNA Proof over Legal Presumption: Denial of Maintenance under Section 125 CrPC/DV Act where Paternity is Scientifically Disproved : 2026 INSC 399 Nikhat Parveen v. Rafique: Conflict Between Section 112 IEA Presumption of Legitimacy and Conclusive DNA Evidence in Maintenance Claims
This 2026 judgment from the Supreme Court of India, 2026 INSC 399 , addresses the conflict between the legal presumption of legitimacy under Section 112 of the Indian Evidence Act (IEA) and conclusive DNA evidence in maintenance proceedings . Key Highlights of the Case Factual Background: The appellant was a domestic help for the respondent . They married on March 2, 2016, and a child was born exactly one month later, on April 1, 2016 . Maintenance Dispute: Following domestic violence allegations, the respondent sought a DNA test to establish paternity . The DNA Result: A DNA report dated May 8, 2017, confirmed the respondent was not the biological father of the child . Lower Court Rulings: Based on the DNA report, the Trial Court and First Appellate Court denied maintenance for the child . The High Court affirmed this denial while remanding the mother’s maintenance claim for fresh consideration . Supreme Court Verdict: The Supreme Court dismissed the appeal, holding that since a...
