New Delhi: The Supreme Magistrate has issued a significant ruling regarding child maintenance in the event of a separation. The magistrate stated that if a DNA test establishes that a man is not the biological father of a child, he will not be required to pay child maintenance, plane if the child was born without the man's marriage to her mother.
What did the magistrate say?
A seat comprising of Justices Sanjay Karol and N Koteshwar Singh said this will hold plane if the child is born without the man's marriage to her mother.
But, the magistrate moreover stated that for this rule to apply, it has to be proved that the man has not fathered the child.
If a DNA report proves that the father is not the biological father of the child, the courts cannot ignore it.
What well-nigh previous decisions?
Citing previous decisions, the seat said that Section 112 of the Indian Vestige Act, 1872, (now Section 116 of the Bharatiya Sakshya Adhiniyam), was enacted at a time when modern technology like DNA testing was not available. This act protects a child from social stigma. However, when the DNA report is misogynist and has not been challenged, it cannot be ignored.
The two parties involved in this specimen (husband and wife) married in 2016 and had a child that same year. Their relationship deteriorated without some time. The woman filed a specimen under the Protection of Women from Domestic Violence Act, 2005, taxing monthly maintenance of 25,000 rupees for herself and her child.
The husband denied the allegations of domestic violence and personal that the child was not his. To uncover the truth, the husband requested a DNA test. The trial magistrate granted permission for the test. The DNA report arrived on May 8, 2017, revealing that the husband was not the child's biological father. Subsequently, the trial magistrate rejected the demand for maintenance for the child.
The woman then appealed to the appellate court, which upheld the trial court's decision. She then approached the Delhi High Court, which considered the specimen under Section 112 of the Indian Vestige Act. Under this section, a child born during a marriage or within 280 days of the marriage's dissolution is considered the husband's legitimate child.
What did the Supreme Magistrate say now?
A child born during a marriage is considered legitimate, but when there is conclusive vestige or scientific proof (a DNA report), it must be considered. In this case, the DNA report shows that the child's biological father is someone else. Therefore, maintenance for the child will not be available.
The High Magistrate had directed the trial magistrate to reconsider the woman's self-maintenance award. Dissatisfied with this decision, the woman approached the Supreme Court. The Supreme Magistrate upheld the High Court's decision.
However, the Supreme Magistrate expressed snooping for the child. The visualization stated that despite not receiving maintenance from the husband, the child cannot be left to his own devices. The magistrate directed the Delhi government's Women and Child Development Department to have a senior official visit the child's home to assess his condition, assess his education, nutrition, health, and vital living facilities. If any deficiencies are found, take steps to correct them.
The magistrate did not interfere with the High Court's order regarding the woman's own maintenance. The trial magistrate will now consider the matter afresh.
