The Supreme Court on Tuesday said that DNA tests cannot be ordered to establish the legitimacy of a child born during the subsistence of a marriage if there is no primary evidence of adultery. A bench of Justices Vineet Saran and Dinesh Maheshwari set aside the orders of a lower court and Bombay high court which had allowed a plea of a man to order DNA test of his child in a matrimonial dispute with his wife.
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