X v. Y, 2026
The statutory presumption under Section 112 favors the legitimacy of a child born during marriage unless there is pleading of non-access.
Judgement Details
Court
Telangana High Court
Date of Decision
15 March 2026
Judges
Justice Renuka Yara
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
-
A matrimonial dispute arose after the husband filed a petition under Section 13(1)(i-a) seeking divorce alleging adultery by the wife.
-
The husband claimed the minor child was not his biological daughter and sought DNA testing of the child and himself to determine paternity.
-
The trial court allowed DNA testing, relying on Supreme Court precedents, despite concerns about the child’s welfare.
-
The wife filed a revision petition, arguing that Section 112 presumption favors the child’s legitimacy and that DNA testing would harm the child’s identity and privacy.
Issues
-
Whether a minor child can be subjected to DNA testing to determine paternity in matrimonial disputes?
-
Whether Section 112 of the Indian Evidence Act protects the legitimacy of a child born during marriage?
-
Whether the child’s welfare, identity, and privacy override the husband’s request for DNA testing?
-
Whether the husband can prove adultery without involving the child in DNA testing?
Held
-
The trial court order directing DNA testing was set aside.
-
The husband remains free to produce other evidence in support of his claims.
Analysis
-
Emphasizes the principle of assessing legal actions through the prism of the child, not just the interests of the spouses.
-
Reinforces Section 112 Indian Evidence Act: child born during marriage is presumed legitimate unless non-access is specifically alleged.
-
Upholds child’s right to identity, privacy, and welfare over procedural expediency in matrimonial disputes.
-
The judgment aligns with Supreme Court precedent in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, limiting the use of DNA tests on minor children unless strictly necessary.