Code of Criminal Procedure, 1973–Sec. 125–Maintenance–Declined by trial Court on the ground of adultery–Legality–Plea of husband that wife developed an intimate relationship with another person and though the child was born during subsistence of the marriage but he is not legitimate–Allowed by trial Court–Whether legal ?–Held, no Subsistence of marriage is the conclusive proof of legitimacy of child–Petitioner was to seek to go under DNA test for rebutting this presumption–Order impugned quashed and set aside and directed to trial Court to ensure the DNA test.
