https://www.taxtmi.com/caselaws?id=308783 A minor child born during a valid marriage is protected by the conclusive presumption of legitimacy under Section 112 of the Evidence Act, and DNA testing cannot be ordered as a routine or exploratory measure to prove adultery. Such testing is permissible only in exceptional cases where non-access is pleaded and supported by strong prima facie material, and where compelling necessity leaves no other way to resolve the dispute. Refusal by the mother to subject the child to DNA testing cannot, by itself, justify an adverse inference of adultery under Section 114(h), because that provision cannot override Section 112. The spouse must prove adultery by independent admissible evidence. en-us Mon, 20 Feb 2023 00:00:00 +0530 Thu, 20 Jul 2023 20:35:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308783 A minor child born during a valid marriage is protected by the conclusive presumption of legitimacy under Section 112 of the Evidence Act, and DNA testing cannot be ordered as a routine or exploratory measure to prove adultery. Such testing is permissible only in exceptional cases where non-access is pleaded and supported by strong prima facie material, and where compelling necessity leaves no other way to resolve the dispute. Refusal by the mother to subject the child to DNA testing cannot, by itself, justify an adverse inference of adultery under Section 114(h), because that provision cannot override Section 112. The spouse must prove adultery by independent admissible evidence. Case-Laws Indian Laws Mon, 20 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308783