Doctrine Of 'Paternity' By Estoppel: Kerala High Court Says Child's Parentage Can't Be Challenged When Conduct Proves Otherwise

The Kerala High Court ruled that a man cannot challenge a child's paternity if his conduct shows otherwise. In 2022, the petitioner sought a DNA test, but the Family Court dismissed his request, citing an agreement where he acknowledged paternity. The petitioner then appealed to the High Court. \r

The Division Bench applied the doctrine of Paternity by Estoppel, emphasizing public policy and the child's psychological well-being. The Court noted that the petitioner had paid maintenance and had visitation rights since 2014, only challenging paternity in 2022. \r

The Court concluded that the petitioner's actions disqualified him from disputing paternity and dismissed the petition.