India

High Court Rejects Azoospermia Afflicted Husband’s Plea for Paternity Proof in Adultery Claim

The High Court dismissed the plea of a man claiming to be afflicted with azoospermia, a form of male infertility, who sought blood samples to establish the paternity of his wife and child as evidence of adultery. The petitioner contended that the children were not his own but were born through his wife’s extramarital affair.

Conceived during cohabitation

A division bench comprising Justice Rajiv Shakdhar and Justice Amit Bansal maintained that the child was conceived during the period when the couple cohabited as husband and wife. Consequently, the Indian Evidence Act establishes a presumption in favor of the child’s legitimacy.

The bench emphasized that the couple lived together from 2008 to 2019, creating a presumption in favor of the child’s legitimacy under Section 112 of the Evidence Act. The husband’s decision to question paternity only in November 2020, during an amendment to divorce proceedings, worked against him.

Assisted Reproductive Possibilities

While the husband accused his wife of adultery and claimed he suffered from azoospermia, the bench pointed out that azoospermia has various causes, some treatable, and in some cases, live sperm can be retrieved for assisted reproductive technologies. Despite the husband’s assertions, the bench considered it possible that the child could indeed be his.

The bench asserted that the appellant/husband’s claims should not adversely impact the child, who is not a party to the proceedings. The Family Court was deemed responsible for evaluating evidence to determine if the wife engaged in extramarital relations without conducting a paternity test on the child.

Husband approached HC

The husband had approached the High Court after the family court rejected his plea to compel his wife and minor child to provide blood samples. The husband had filed a petition for divorce on January 31, 2020, on the grounds of cruelty. However, on November 3, 2020, he sought an amendment, revealing his azoospermia diagnosis and contending that the child born during the marriage did not share his paternity.

Srushti Sharma

Recent Posts

Farmers’ Welfare Remains Government’s Foremost Priority: PM Modi

Government approves major MSP hikes, launches Pulses Mission and clears key infrastructure and research initiatives.

10 hours ago

Centre Launches Month-Long Adoption Awareness Drive For Children With Special Needs

Centre launches month-long adoption campaign to promote family-based care for children with special needs.

11 hours ago

PM Modi Approves Four New Kendriya Vidyalayas For Andhra Pradesh; Telangana Also Benefits

Prime Minister Modi approves four new Kendriya Vidyalayas for Andhra Pradesh and four for Telangana,…

12 hours ago

PM Modi And HM Amit Shah To Attend Three-Day DGP Conference In Chhattisgarh

PM Modi and HM Amit Shah to attend the national DGP conference in Chhattisgarh, focusing…

13 hours ago

Cabinet Approves Substantial MSP Hike For Rabi Crops

Cabinet hikes MSP for rabi crops, boosting farmers’ income, crop diversification and agricultural sustainability in…

13 hours ago

JIH President Condemns Arrest Of Maulana Tauqeer Raza Khan; Calls For Justice And Proportional Governance

JIH President Syed Hussaini condemns Maulana Tauqeer Raza Khan’s arrest, urging the government to uphold…

14 hours ago