Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test : Bombay High Court


The Bombay High Court passed a order on 31 March, 2023.This was seen in the case of XYZ vs ABC 66 OF 2022 and the case was presided over by Hon’ble Justice G. A. SANAP.



In this case the respondent Master Omkar Kande through his mother and natural guardian. Sandhya Rani Madanaiah Kande has filed an application under Section 125 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking maintenance from the petitioner




The court held that children have the right not to have their paternity questioned frivolously. The child is the one on test, not the mother, the court said adding that absolute need and necessity for DNA
test must be made out. The children have right not to have the legitimacy questioned frivolously in Courts of law. The DNA test cannot be ordered on the assumption that the mother, who equally knows the truth about the paternity, should not hesitate for a minute to come forward and express her willingness for the DNA test. It is to be noted that, in such a matter, the child is on test and not the mother. Therefore, in such cases, the absolute need and necessity for such test, to adjudicate upon a serious issue, must be made out, the court held.

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xyz v. abc

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