Legal Analysis: Nikhat Parveen @ Khusboo Khatoon vs. Rafique @ Shillu

Citation: 2026 INSC 399
Court: Supreme Court of India
Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh (Division Bench)
Judgment Author: Justice Sanjay Karol
Date of Decision: April 21, 2026
Nature of Judgment: Criminal Appeal under Article 136 against High Court order dismissing challenge to denial of maintenance to a child under the Domestic Violence Act.

Synopsis of the Judgment

The appellant (mother) and respondent (husband) married in 2016. A child was born soon after. The appellant sought maintenance under the Protection of Women from Domestic Violence Act, 2005. The respondent disputed paternity and requested a DNA test. The trial court ordered the test, which the appellant consented to without objection. The DNA report confirmed that the respondent was not the biological father. The trial court denied maintenance to the child. The High Court upheld this. The Supreme Court dismissed the appeal, holding that while Section 112 of the Indian Evidence Act (presumption of legitimacy) protects a child born during a valid marriage, that presumption is rebuttable. Where a DNA test has been conducted with the consent of the mother and has attained finality, it must be given effect. The Court distinguished earlier precedents and held that in this case, the DNA test report could not be ignored. However, the Court directed the Women and Child Development Department to visit the child and take remedial measures if necessary.

1. Basic Information of the Judgment

Field Details Case Title Nikhat Parveen @ Khusboo Khatoon vs. Rafique @ Shillu Criminal Appeal No. Arising out of SLP(Crl.) No. 15256 of 2023 Bench Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh Date of Decision April 21, 2026 Citation 2026 INSC 399 Appeal From Order dated 17.10.2023 of Delhi High Court in CRLMC No. 4678/2022

2. Legal Framework

Laws Involved:

• Protection of Women from Domestic Violence Act, 2005 (DV Act): Section 12 (application for reliefs), Section 20 (maintenance orders).

• Indian Evidence Act, 1872 (IEA): Section 112 (birth during marriage as conclusive proof of legitimacy, unless non-access is shown).

• Bharatiya Sakshya Adhiniyam, 2023 (BSA): Section 116 (identical provision).

• Family law principles: Presumption of legitimacy, paternity, DNA testing, best interest of the child.

Precedents Cited (Chronological):

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