In Brief
A man challenged a Family Court's revival of a maintenance petition seeking paternity declaration and child support, claiming it reopened a matter already finally decided. The Supreme Court held that legitimacy and paternity are not independent concepts; a child born in valid marriage is presumed legitimate and paternal unless non-access between spouses is proven. DNA testing can only be ordered upon strong prima facie proof of non-access and where the balance of interests favors it. Here, concurrent findings established the child's legitimacy; the Family Court wrongly ignored its own condition for revival and violated principles of res judicata. The Court allowed the appeal, confirming the child's legitimate status and barring further proceedings on paternity.
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