Recently, the Allahabad High Court set aside a maintenance order under Section 125 of the CrPC, holding that liability cannot be fastened without first determining biological parentage, and directed a DNA test to resolve the dispute. The Court emphasised that paternity lies at the core of a maintenance claim, and where serious inconsistencies raise doubt, such claims cannot be decided on uncertain or inconclusive material.
The case arose from a maintenance order passed by a Family Court directing the revisionist father to pay monthly support to a minor girl, despite his consistent claim that he was not her biological parent. He argued that his wife had been living separately for years and alleged that the child was born from another relationship. The trial court rejected his request for DNA testing and proceeded to grant maintenance. However, inconsistencies in medical records and the mother’s subsequent relationship with another man cast doubt on the timeline and circumstances of the child’s birth, bringing the issue of paternity to the forefront.
The Court found that the core question of biological parentage had not been conclusively addressed. It noted that material contradictions regarding the child’s birth and the mother’s residence made it impossible to determine paternity on existing evidence. Emphasising the long-term consequences of such uncertainty, the Court observed that “both the father and the daughter have every right to know the biological truth,” and held that failure to establish this would continue to trouble their lives. The Court concluded that the Family Court’s decision was based on vague assertions without resolving the fundamental issue.
Consequently, the Court set aside the maintenance order and directed the trial court to conduct a DNA test and decide the matter afresh within three months.
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