Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Family LawSupreme Court of India

Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 24 of 2014)Decided 6 Jan 2014
Criminal Appeal No. 24 of 2014
Justice C.K. Prasad · Justice J.S. Khehar

Background

A husband disputed paternity when his wife sought maintenance for herself and her daughter. The lower courts awarded maintenance, but two DNA tests conducted under Supreme Court orders excluded him as the biological father. The dispute then concerned whether the statutory presumption for a child born during marriage should nevertheless require him to pay the child's maintenance.

Decision Breakdown

The Supreme Court allowed the appeal only insofar as the order required maintenance for the child. In the situation before it, the genuine, unchallenged scientific results prevailed over the marital presumption under Section 112 of the Evidence Act. The Court distinguished earlier decisions in which no conflicting DNA report was actually available. It did not remove the wife's maintenance or permit recovery of payments already made. The decision dealt with the effect of tests already ordered and obtained, rather than granting a routine entitlement to DNA testing in every paternity dispute.

Lesson Learnt

Evidence about paternity can affect a maintenance decision, but requesting a test and assessing an existing test are different questions. This case also shows that setting aside future liability does not necessarily permit recovery of maintenance already paid.

Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and another – Legal Case Shots | LegalAware