The proof based on scientific advancement "must prevail" over the conclusive proof envisaged under the law, the Supreme Court has said while observing that DNA test is accurate to ascertain the parenthood of a person.
A bench of justices C K Prasad and J S Khehar also said the result of DNA test is said to be scientifically accurate and it cannot "compel" a man to bear the fatherhood of a child when the scientific reports prove to the contrary.
"In our opinion, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former," the bench said.
The order came on a petition of a man who had approached the apex court against the order of the High Court which had confirmed the direction of the magistrate's court to pay maintenance to his wife and her daughter.
The man had denied in the court that the girl was his daughter saying that he had no physical relationship with his wife prior to her birth.
The bench, in its judgement, said the man's plea that he had no access to his wife stands proved by the DNA test and on the basis of the test report, "it is clear that the appellant (man) is not the biological father of the girl-child."
"The husband's plea that he had no access to the wife when the child was begotten stands proved by the DNA test report and in the face of it, we cannot compel the appellant to bear the fatherhood of a child when the scientific reports prove to the contrary," it said.
"We are conscious that an innocent child may not be bastardized as the marriage between her mother and father was subsisting at the time of her birth but in view of the DNA test reports and what we have observed above, we cannot forestall the consequence. It is denying the truth. 'Truth must triumph' is the hallmark of justice," the bench said.
