In Brief
In this landmark judgment, the Supreme Court set aside directions to conduct DNA testing of a child born during marriage to prove the mother's alleged adultery. The Court held that Section 112 of the Indian Evidence Act creates a conclusive presumption of legitimacy for children born during valid marriage. DNA tests may be ordered only in exceptional cases where non-access is proven and paternity is directly in issue. Here, the husband admitted to having access to his wife at conception and did not plead non-access. The Court rejected drawing adverse inferences under Section 114 when a mother refuses testing to protect her child's interests and identity. Children's rights to privacy and dignity must not be sacrificed to prove parental infidelity.",
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