“When a child is born out of a wedlock, there is a presumption in favour of his legitimacy and presumption of legitimacy largely depends on the presumed fact that the parties to marriage have necessary access to each other when a divorce petition is filed and specially, when the husband did not assert that the son of the wife was a consequence of illicit relationship ’’ said the judgment.
A woman from Mandsor in Madhya Pradesh had challenged the Madhya Pradesh High Court order which had permitted the authorities to conduct the DNA test on the petition of her estranged husband on the son who was born after the couple started living separately.
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