In a landmark decision addressing the complex interplay between paternity and legitimacy, the Supreme Court ruled on Tuesday that a husband remains the legal father of a child born within a subsisting marriage, even if the child is biologically fathered by another man. This presumption holds as long as the marriage is valid and the spouses had access to each other during the time of conception.
The Court emphasized that a husband can challenge the legitimacy of a child only by providing compelling evidence of “non-access” during the period when the child could have been conceived. The bench clarified that “non-access” signifies the impossibility, not merely the improbability, of the spouses engaging in marital relations. To rebut the presumption of legitimacy, one must assert non-access and substantiate it with concrete evidence.
This ruling aligns with Section 112 of the Indian Evidence Act, which presumes that a child born during the continuance of a valid marriage is legitimate unless it can be shown that the spouses had no access to each other at any time when the child could have been begotten. The Court noted that this presumption is a cornerstone of public policy, aiming to prevent unnecessary inquiries into a child’s paternity, thereby safeguarding the child’s legitimacy and social standing.
In the case at hand, a woman admitted to conceiving a child with a man other than her husband during their marriage. Following their divorce, she approached the Cochin municipality to change the child’s surname to that of the biological father. The municipality denied the request, stating that such a change could only be effected through a court order.
This decision underscores the judiciary’s commitment to upholding the presumption of legitimacy, emphasizing that allegations of adultery alone are insufficient to challenge a child’s legitimacy. It reinforces the principle that the welfare and rights of the child are paramount, and that the child’s legitimacy should not be frivolously questioned, as it is an essential aspect of their right to privacy.
Legal experts highlight that this ruling reaffirms the sanctity of marital relations and the legal protections afforded to children born within such unions. It serves as a reminder that the burden of disproving a child’s legitimacy is substantial and requires incontrovertible evidence of non-access between spouses during the relevant period.
This judgment is expected to have far-reaching implications for matrimonial disputes, particularly those involving questions of paternity and legitimacy, reinforcing the legal framework that protects the rights and status of children born within a marriage.
