VidhiSangh

Supreme Court of India · 28/01/2025

IVAN RATHINAM versus MILAN JOSEPH

[2025] 1 S.C.R. 1009 · 2025 INSC 115

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Summary

The Supreme Court set aside the revival of a maintenance petition in which the respondent sought to prove that the appellant, not his mother's husband, was his biological father. It held that under Section 112 of the Evidence Act legitimacy determines paternity unless non-access is proved; that a DNA test could not be ordered where the spouses admittedly had access and the balance of privacy and dignity interests weighed against it; that the civil court had jurisdiction over the earlier declaratory suit; and that the revived proceedings were barred by res judicata.

Issues

  1. Whether the presumption of legitimacy under Section 112 of the Evidence Act, if not displaced, determines paternity in law, and when a DNA test may be ordered.
  2. Whether the civil court had jurisdiction to entertain the suit for declaration of paternity, and whether the Family Court could revive the maintenance petition contrary to its own condition.
  3. Whether the second round of litigation was barred by res judicata.

Provisions considered

Held

Result

Appeal allowed; the High Court judgment of 21.05.2018 and the Family Court order of 09.11.2015 set aside; MC No. 224/2007 quashed; any claim by the respondent based on paternity against the appellant negated, and the respondent presumed to be the legitimate son of his mother's husband.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1009.