The Supreme Court's recent ruling in January 2025 has sparked major public discussion about fatherhood, marriage, and personal rights. The court reaffirmed Section 112 of the Indian Evidence Act, which says that if a child is born during a valid marriage, the law will assume the husband is the child’s father, even if there are claims of cheating.
This rule applies unless the husband can prove that he did not have any "access" to his wife around the time the child was conceived.
The top court made it clear that DNA tests cannot be demanded just like that. Judges said such tests should not be used as a regular tool in court cases. They added that a child’s welfare, privacy, and social status are more important than biological truth.
The ruling focused on protecting children from the social stigma that may come from being declared "illegitimate" and also maintaining family unity, especially when there are ongoing fights between parents.
However, many people, including legal experts and men’s rights groups, have said the ruling places an unfair burden on husbands. Critics argue that it could force men to take responsibility for children who might not be their own, just because the child was born during the marriage.
They also point out that this decision seems to protect the institution of marriage more than it protects individual rights and truth. Some say it’s especially hard on husbands who may have been cheated on but still have to raise and support a child who is not biologically theirs.
This new ruling also reminds people of past court decisions, like the 2018 one where adultery was removed as a crime. At that time, many had already raised concerns that the change weakened accountability in marriage. Now, critics believe the latest judgment could be seen as protecting infidelity, leaving the husband emotionally and financially responsible.
On the other hand, those who agree with the court’s decision say that the main focus is on the child. They argue that a child should not suffer because of problems between the parents. Supporters say it helps protect the child from being looked down upon by society and helps keep families together.
In India, where family, loyalty, and trust are deeply valued, this ruling has made many people think harder about the future of marriage. Some feel the legal system is moving away from traditional values, choosing to focus more on how things appear in society rather than on the truth of what happened.
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