Rathinam v. Joseph
Supreme Court of India2025 INSC 115; AIR 2025 SC 1004Bench: Justice Surya Kant, Justice Ujjal Bhuyan
Legitimacy and paternity are not independent concepts. Under Section 112 IEA, a child born during valid marriage is presumed legitimate child of husband unless non-access is proven. The presumption is conclusive and cannot be displaced by mere allegations of adultery or requests for DNA tests without strong evidence of non-access. Civil Court had jurisdiction to entertain original suit regarding legitimacy. Family Court erred in reviving maintenance petition - barred by res judicata.