New Legal Controversy: Court Verdict Says Husband Must Bear Responsibility Even If Child Isn’t Biologically His – What About Gender Equality? By Vijesh Nair Date : 16/01/2026 Investigation journalism In recent judicial developments in India, the courts have reaffirmed long-standing legal principles around paternity, maintenance and the rights and duties of spouses and parents — sparking fresh debate on gender equality and fairness in family law. ⚖️ What the Law Says About Paternity The Supreme Court of India has upheld the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 , which states that a child born during the subsistence of a valid marriage is legally presumed to be the husband’s child — regardless of biological or DNA evidence to the contrary. This means that even if a wife conceives a child with another man during the marriage, the law treats the husband as the legal father. This legal rule is designed to protect the child’s welfare and leg...
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