NEW DELHI: The Supreme Court has ruled that the mother's husband will remain the legal father of a child born out of wedlock. A 23-year-old Malayali insisted on knowing whether he was a child born out of wedlock to his mother, but the court did not give in. The court rejected the demand for a DNA test. The alleged father also refused to undergo a DNA test.

The mother got married in 1989. A daughter and a son were born to her. They got divorced in 2006. The mother applied to the Kochi Corporation to change the name of the son's father. She said that the child was born out of an extramarital affair. The corporation informed that the change could not be made without a court order. The alleged father approached the Supreme Court after the High Court ruled in favour of the DNA test.

The child was born when the mother was legally married. The couple were not separated at that time. Therefore, the legal father is the mother's husband at the time of the child's birth, stated bench of Justices Suryakant and Ujjal Bhuyan.