GOUTAM KUNDU vs STATE OF WEST BENGAL AND ANR.

The Supreme Court held that under Section 125 of the Code of Criminal Procedure, 1973, a husband cannot compel a blood group test to dispute paternity as it is not a matter of course and lacks statutory backing. The Court emphasized that the presumption of legitimacy under Section 112 of the Evidence Act, 1872 can only be rebutted by strong evidence, not mere probabilities. The appeal was dismissed, affirming the lower courts' decisions to deny the blood test application, highlighting the potential social stigma of branding a child illegitimate.