Paternity test of child can be allowed in marital dispute: SC

TNN / Aug 20, 2026, 04:36 IST

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NEW DELHI: Though the legitimacy of a child born during marriage is presumed, Supreme Court Wednesday held that a child can be subjected to a paternity test in a matrimonial dispute in which a man has sought divorce on the ground of alleged unchaste character of his wife and has claimed that he is not the child's biological father.

is zero. Such DNA report obtained by the petitioner would form prima facie and sufficient material to conclude that the direction for undergoing DNA test can be issued. The second parameter is eminent need. The averments in the petition indicate that unchastity of the petitioner is the main ground pleaded by husband for getting divorce. A DNA test report would be of material bearing to prove the fact whether he is the father of son named in the petition.

Considering the allegations made in the petition, it would be difficult to get conclusive evidence to prove such allegation, except the DNA report," the HC had said in its order.