The Supreme Court has ruled that a man is not liable to pay maintenance to the child of his estranged wife if a DNA test reveals that he is not the biological father and the report is not disputed by the mother.
A district and sessions court and a family court had dismissed a woman’s plea for a monthly maintenance of ₹25,000 towards herself and the child. A DNA test had revealed that the man was not the biological father. Delhi High Court modified those orders and allowed maintenance for the wife, saying the trial court would determine the amount.
However, the woman approached the Supreme Court instead. A bench of Justice Sanjay Karol and Justice N. Kotiswar Singh upheld the high court order.
“In this case, the DNA test has been conducted, the appellant consented to the same and has, not even once, disputed the conclusion thereof. It has, in other words, attained finality.
“We are of the considered view that no error could be pointed out by the appellant
in the high court’s decision denying the grant of maintenance to her daughter. The appeal is bereft of merit and, therefore, dismissed,” Justice Karol, who authored the judgment, said.
The bench asked the women and child welfare department of Delhi to safeguard the child’s interest.
“This court expresses concern about the child whose dispute of parentage had made its way up to us. Even though the high court has correctly remanded the matter of the appellant’s maintenance to be decided afresh by the trial court, we acknowledge that even if a revised amount is awarded as per law, the difficulties for the child will persist.
“As such, in the interest of wanting to ensure the security and well-being of the child in question, we direct the Secretary, Women and Child Development, Government of the NCT of Delhi, to depute a person of considerable experience to ascertain details of the residence of the appellant and visit the same to determine the wellbeing of the child including in terms of education, nutrition, health, as also the availability of basic material goods required to maintain a minimum standard of living. It would be expected that wherever the said child’s situation is found to be lacking, the Department would step in to take remedial measures,” the judgment stated.