- This topic has 20 replies, 20 voices, and was last updated 1 year, 4 months ago by
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USo if having a child in extra marital affair is not a problem anymore legally, what other things I should be aware of before I plan on sleeping with anyone’s wife.
Thanks Supreme Court .
Asking for a friend 🙂
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URage bait headline. Read the ruling. It simply says the wife has to prove illegitimacy of the child without asking the so called biological father’s dna for paternity test.
If that okay, any woman can go up to any man and demand a paternity test. The court is asking to first prove the child is in fact not of the husband, then show proof that it could be of the accused.
“Stating that the Section provides that conclusive proof of legitimacy is equivalent to paternity, he stressed, “The object of this principle is to prevent any unwarranted inquiry into the parentage of a child. Since the presumption is in favour of legitimacy, the burden is cast upon the person who asserts ‘illegitimacy’ to prove it only through ‘non-access’,” “
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Uguys, please read Section 12 Indian Evidence Act. It is the law, SC cannot be blamed for it, as their duty is to interpret law, and not to make one. Rather over years, they have tried to dilute it a bit in extreme case. we should be questioning legislature as to why such a provision is still prevalent in the current time.
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ULawyer here. The headline is highly misleading. News channels often do this as click bait for legal news. The understanding of legal language is also lost on most news writers. Please refer to the appropriate title in the [Bar and Bench article ](https://www.barandbench.com/news/husband-presumed-legal-father-child-despite-wifes-adultery-supreme-court)
Paternity and legitimacy are completely different in context. The judgement says, when marriage is persisting during the birth of a child, the husband is presumed to be the legal father of the child. Does not mean that the legitimacy cannot be challenged at all. Burden is upon the party challenging the legitimacy. The party who challenges the legitimacy should be able to provide evidence to support the claim.
In this present case regarding maintenance, the wife claimed the child was born out of her adultery and that the legal husband was not the biological father. Courts cannot force a party to undergo DNA testing only when there is evidence to prove the illegitimacy of the child. Here, the ‘alleged’ biological father refused to undergo a forceful DNA test which violates his right to privacy. For these reasons, the son is presumed to be the legitimate son of the ex-husband until proven otherwise.
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BI see a rise of women leaning laws and judgements that outrightly favour women in the name of positive discrimination.
While I don’t know how much women in general are going to benefit from this ‘ emancipation ‘, what is clear to me is:
1. A steady decline in marriages as we move forward.
2. Situationships, where people across the sexes are reduced to accessible objects for sexual gratification
3. Increased homicide cases where women are going to be on the wrong end of the gun/knife.I honestly don’t see how rulings like these help the society. Besides, DNA testing is not an arcane science. You’re telling me you can use it legally to determine who raped who but not to determine who the legitimate father is?
Absolutely diabolical. 😂
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