Indian Evidence Act, 1872 (1 of 1872), Section 112 -- Legitimacy/ Paternity of child – Presumption – DNA Test -- Issue hinges on two primary prongs requiring detailed analysis: (i) the difference between legitimacy and paternity, and consequently, the circumstances under which the presumption of legitimacy is displaced to permit an enquiry into paternity; and (ii) the exercise of ‘balancing of interests’ and evaluating the eminent need for a DNA test -- Legitimacy determines paternity u/s 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted  by proving ‘non-access’.

(Para 9, 70(i))