# SC allows paternity test of child in marital divorce dispute 2026-08-20T00:15:15+00:00 | Governance | Indian Opinion Desk Corroboration: 1 independent outlet The Supreme Court on Wednesday ruled that a child born during marriage can be subjected to a paternity test in a matrimonial dispute where a husband has sought divorce on the ground of his wife's alleged unchastity. A bench of Justices M M Sundresh and Prasanna B Varale rejected the wife's objection, saying if she was loyal she should not oppose the test. The court upheld orders of a Pune family court and the Bombay High Court directing a DNA test. The husband had submitted a private DNA test from a Hyderabad laboratory showing zero probability of him being the biological father. The high court had noted that without a court-directed DNA test, the husband would find it difficult to prove his allegation of unchastity. The apex court agreed that the private test constituted sufficient prima facie material to order a compulsory test, and that the 'eminent need' parameter was satisfied given the nature of the allegation. The order paves the way for the child's court-directed paternity test. ## Indian Opinion Analysis The Supreme Court's ruling relaxes a long-standing evidentiary bar that protected marital children from contested paternity. Under Section 112 of the Indian Evidence Act, a child born during wedlock is conclusively presumed to be the husband's child unless he can prove non-access. That nearly impossible standard often left men unable to contest paternity even with a private DNA report. This judgment clarifies that a private DNA test can now serve as prima facie material to compel a court-directed test, effectively lowering the threshold for reopening the presumption. The Pune husband had obtained a private test showing zero probability, the key fact that tipped the scales. Watch for trial courts to now demand clear, documented private test results before ordering a child's DNA test, the family court's next hearing will set the timeline for the compelled test. ## Coverage - timesofindia.indiatimes.com Leads with court ruling and repeats bench remark 'If you are loyal, then why should you object', giving official account full weight with no opposing comment or criticism of the order. This story was synthesised by AI from the source linked above. Tags: Bombay High Court, Indian Evidence Act, Justice M M Sundresh, Justice Prasanna B Varale, Supreme Court of India Canonical: https://indianopinion.org/sc-allows-paternity-test-of-child-in-marital-divorce-dispute/ License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources. Cite: https://indianopinion.org/sc-allows-paternity-test-of-child-in-marital-divorce-dispute/#story-in-brief Review state: restored archive article, accurate at time of publication, not offered to search indexes. How this brief was made: an AI model read the report linked above and wrote this summary and analysis, which were published automatically. Published briefs are sampled every hour by an automated quality check; the editor verifies its findings and approves corrections, and corrected briefs carry a dated correction line. We do no original reporting. Methodology: https://indianopinion.org/ai-use-policy/