A single-judge Bench of the Delhi High Court held that the biological father must pay child maintenance. The Court examined a case where a DNA test excluded the husband’s paternity and ruled that a man who is not the biological father cannot be forced to maintain the child.

The Court clarified that scientific evidence prevails over the presumption under Section 112 of the Evidence Act. Parental liability arises from biological parentage. Since the DNA report excluded the husband, the Court removed his liability toward the child.

The following paragraph forms the foundation of the Court’s reasoning:

“26. Therefore, in face of DNA report existing on record, respondent no. 1 herein cannot be held liable to make payment of maintenance to the child, even though the child was born during the subsistence of marriage between the petitioner and respondent no. 1. In this regard, the law is also settled that the biological father is liable to maintain his child.”

Citation : [2023:DHC:7772]

Other Sources :

Index of Maintenance Judgements under PWDV Act here.

Key Contributor :

Mrs Suprajaa Rajan B.Com, LL.B, LL.M.

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