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Supreme Court: Family Court Cannot Entertain Paternity Claim from Extra-Marital Affair

In a significant ruling, the Supreme Court of India has held that family courts do not have jurisdiction to entertain paternity claims arising from extra-marital affairs. The decision clarifies the scope of family court proceedings, reaffirming the legal position on issues of legitimacy and parental rights.


A bench of the apex court ruled that claims concerning the paternity of a child born out of an extra-marital relationship cannot be adjudicated in family courts. The judgment emphasized that such matters should be pursued under appropriate legal provisions rather than through family court jurisdiction, which primarily deals with marital, parental, and custody matters within legally recognized family structures.


The court observed that allowing family courts to handle such claims could create legal ambiguities and disrupt the settled principles of personal and family law. It reiterated that legitimacy and inheritance rights must align with the legal framework governing family relations.


This verdict follows a petition where a woman sought to establish the paternity of her child, allegedly fathered by a married man. The Supreme Court held that such claims, being outside the purview of marriage and legally recognized family relationships, should be addressed under alternative legal remedies rather than through family courts.


The ruling is expected to have far-reaching implications on paternity disputes and inheritance claims, particularly in cases involving children born outside wedlock. It underscores the need for legal clarity in addressing paternity issues while maintaining the sanctity of established family law principles.


Legal experts have noted that this decision reinforces the distinction between marital legitimacy and personal rights, ensuring that family courts remain focused on their designated legal functions. The judgment serves as a precedent in guiding future paternity claims involving extra-marital affairs within India’s judicial system.





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