DNA Test Cannot Rebut Paternity if Spouses Had ‘Access’ to Each Other During Marriage: Allahabad High Court

The High Court of Judicature at Allahabad has dismissed an application seeking a DNA test to determine the paternity of a child born during the subsistence of a valid marriage. The Court held that the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act remains “irrebuttable” even if a DNA test suggests

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