Agarwal LAW Associates

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Dinesh Agarwal, Advocate.9864014842

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13/01/2026

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Marriage is not only an emotional bond—it also carries clear legal duties. The Supreme Court of India has reaffirmed that a child born during a valid marriage is legally presumed to be the husband’s child, even if doubts are raised later about biological parentage.

Citing Section 112 of the Indian Evidence Act, the Court explained that this provision exists to protect a child’s legitimacy, dignity, and long-term security. In the eyes of the law, the husband remains the legal father unless he can conclusively prove that there was no access between the spouses during the period of conception. The Court further cautioned that DNA tests should not be ordered lightly, as such requests can deeply impact a child’s privacy, social identity, and emotional well-being.

The ruling sends a firm and unambiguous message:
Fatherhood in law is rooted in responsibility, not convenience.
Children’s rights and welfare must take precedence over personal disputes, suspicions, or accusations between adults.

By reinforcing this principle, the Supreme Court has underlined a core value of justice—no child should be made to bear the consequences of conflicts they did not create.

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30/12/2025

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The Supreme Court has held that a tenant cannot dictate to a landlord which accommodation should be treated as suitable for the landlord's bona fide requirement, nor can the tenant insist that the landlord start a business from some other premises suggested by the tenant.

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29/10/2025

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The Delhi High Court has observed that the cheques issued only for security purpose and not for depositing to the bank are not encashable for any existing debt or liability.

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25/09/2025

In a significant judgment, the Supreme Court held that an accused need not be heard at the pre-co

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03/09/2025

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The Court has held that cheque bounce cases under Section 138 NI Act are civil in nature and once parties reach a settlement, the conviction cannot stand.

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05/08/2025

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The Supreme Court has ruled that complaints under Section 138 NI Act must be filed where the payee holds their bank account, not where the cheque is dropped.

In a significant clarification, the Court held that once the payee’s bank account is established (in this case, Mangalore), territorial jurisdiction lies there, even if the cheque was physically deposited elsewhere (Mumbai).

“The understanding to the contrary… was erroneous and completely opposed to the clear mandate of Section 142(2)(a) of the NI Act.”

Orders of both the High Court and Magistrate were set aside. The case now returns to Mangalore for fresh adjudication.

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26/07/2025

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The Supreme Court endorsed the safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (“FWC”) to prevent the misuse of Section 498A IPC(cruelty offence) in matrimonial disputes.

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Agarwal Law Associates, Dipak Path, R. K. C. Road, Bharalumukh
Gauhati
781009

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+919864014842

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