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Top court banks on science

New Delhi, Jan. 7 (PTI): The Supreme Court has said proof based on scientific advancement “must prevail” over conclusive proof envisaged under the law, upholding a man’s appeal against a high court order to pay maintenance to his former wife and daughter.

The man, who denied the daughter was his and claimed he had no physical relations with his wife before the child’s birth, had cited DNA test results to back his claim.

Accepting the DNA results as an accurate test of parenthood, the court said “it is clear the appellant (man) is not the biological father of the girl child”.

“In our opinion, when there is a conflict between a conclusive proof envisaged under the law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former,” the court added.

The high court had upheld the directions of a magistrate, asking the man to pay maintenance to his wife and daughter.

While the apex court said the man cannot be asked to pay maintenance to the girl, it added that any money already paid should not be recovered.