4 min readNew DelhiMar 26, 2026 08:00 AM ISTKerala High Court dismissed the husband's plea for DNA test. (Image generated using AI)The Kerala High Court recently declined a husband’s plea seeking a DNA test to determine the paternity of a child born during wedlock, reiterating that such tests cannot be ordered routinely and that the law strongly presumes the legitimacy of children born within a valid marriage.Justice K Babu dismissed the plea challenging an order of the family court, Pathanamthitta, which had rejected the husband’s application for a DNA test in maintenance proceedings initiated under Section 125 of the Code of Criminal Procedure.“The language of the relevant statutory provisions leans strongly in favour of the legitimacy of a child born during the subsistence of a valid marriage. “Embedded in the presumption” is the legal recognition that the husband is deemed to be the father of the child born to his wife,” the order dated March 24 read.‘Presumption of child’s legitimacy’Admittedly, the child was born during the subsistence of the marriage between the petitioner and his wife.For examining whether a direction for DNA profiling is required, it is necessary to evaluate the statutory framework governing the presumption of legitimacy of a child born during the continuance of valid marriage, as provided under Section 112 of the Indian Evidence Act.The presumption under Section 112 of the Evidence Act operates as “Conclusive Proof” of the legitimacy of a child born during the subsistence of a valid marriage, by presuming that the parents had access to each other at the relevant time.The presumption operates as a safeguard against unwarranted intrusion into the legally protected status of legitimacy.The Apex Court has consistently held that DNA testing cannot be ordered as a matter of course and must be subject to stringent safeguards to protect the dignity of individuals and the legitimacy of children born during the wedlock.The petitioner has not pleaded a case of non access.The trial court noted that he has admitted sexual intercourse between himself and his wife. He has no case that he is impotent.The petitioner has failed to establish a prima facie case to dislodge the presumption under Section 112 of the Indian Evidence Act. The order impugned, therefore, requires no interference.Also Read | 4-day pregnancy claim: Why Madhya Pradesh High Court upheld DNA test for child in Army man’s divorce battlePlea for DNA testThe marriage between the petitioner and his wife was solemnised in 2019 and a child was born in 2020.In the maintenance proceedings, the petitioner sought a direction to subject their child to a DNA test for determining paternity.The petitioner pleaded that even on the day of marriage, his wife was reluctant to have sexual intercourse and she abstained from sexual intercourse for the initial period of 20 days.The petitioner alleged that he subsequently compelled her to have sexual intercourse and after the lapse of 18 days, she had disclosed that she became pregnant.The petitioner’s wife had resisted the application saying that she had not abstained from sexual intercourse.She submitted that she was subjected to sexual intercourse by the petitioner on several occasions and was thrown out of the shared household.Also Read | DNA test of child can be ordered to prove adultery of wife, rules Madhya Pradesh High Court, rejects woman’s pleaSection 112 of the Indian Evidence ActSection 112 says- The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when it could have been begotten.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More © IE Online Media Services Pvt LtdTags:Kerala High Court