Rethinking the Presumption of Legitimacy under Section 116 BSA,2023, in Light of “Nikhat Parveen @ Khusboo Khatoon v. Rafique @ Shillu (2026 INSC 399)”: A Case Comment

Abstract

This case comment examines the Supreme Court's decision in Nikhat Parveen @ Khusboo Khatoon v. Rafique @ Shillu (2026 INSC 399), addressing whether a consented and unchallenged DNA test report can rebut the presumption of legitimacy under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023. The case arose from a domestic violence complaint under Section 12 of the DV Act, 2005, where the respondent sought and obtained a DNA test that excluded him as the biological father, thereby denying maintenance to the child. Employing doctrinal analysis and reviewing precedents, the comment critically evaluates the Court's finding that a finalised, consented DNA report prevails over a statutory presumption.