Regarding dna test
sunny lover
(Querist) 21 October 2014
This query is : Resolved
Respected Sir
I was married to a Woman 6 years back . she stayed at our home only for 7 days, only 1 day we had physical relation (but did not went to extreme). So she accused me that i have physical problem & left our house. After some days she called me & told me that she is pregnant.After that for last 6 years she stayed at her house. I am sure that baby girl which she gave birth is not mine , but now she is trying to proof that its mine by asking me to give father's sign in the admission form of a school. So i asked her that i am willing to take the entire responsibility but before that i want a DNA test,but she is not willing to go for that. Please suggest sir what to do .
V R SHROFF
(Expert) 21 October 2014
YOU ARE A LEGAL FATHER OF THE CHILD .. cannot escape.
How can you say she is unfaithful??b'cause she is a Lawyer?? you mean all lawyers are liars??7 unfaithful??
Did you pay maintenance towards your baby girl??
It seems you are unfaithful. Now after 6 yrs want DNA test to spoil image of your daughter and your wife??
ajay sethi
(Expert) 21 October 2014
as per recent SC judgement DNA test is necessary to determine paternity of the child particularly so when you say that you are not father of child .
in case wife refuses to undergone DNA test adverse inference can be drawn by courts
Anirudh
(Expert) 21 October 2014
I agree with the views of Mr. Ajay Sethi. A question will also be asked of you, as to why you kept quiet all these 6 years, when you had been informed by her that he was pregnant? Though that will not in any way hinder your request for DNA test.
V R SHROFF
(Expert) 21 October 2014
MY DEAR EXPERTS " SEE THE CAUSE"father's sign in the admission form of a school"
sO THE lAWYER MOTHER ASKED HELP FOR education of their child.
He is Legal father, [even if not a biological father]
He must oblige to do so.
His doubt , can be cleared later on. he waited for 6 yrs.
For Education of girl child, should a Legal father resist??? He married her, and cohabited.. and at that relevant time, child was conceived!!!
Such father deserved to be punished, Shame to ask for DNA test, when child need School Admission!!!
Cow##d::Certainly not a HE MAN
why did not ask Divorce for desertion?? for Six years. ?
Look at the behavior of a WIfe:
Not asked Mtn of Child. No 498A. No DV, No Residence order, Despite she being a Lawyer!!
Husband must be wrong.. I can guess it/ smell it, and so firing him.. . .
Wife is sacrifying for daughter's education, ans what HE is doing?? coming in the way of a tiny girl?? her own daughter?? I bet on it..
P. Venu
(Expert) 21 October 2014
The legal elements are simple and straight forward. There is a statutory presumption that the queriest is the father of the child. If he wishes to claim otherwise, he should establish, through the courts, he had no access to the wife when the child was conceived. DNA testing may be useful for the purpose. He can request the court to make such a direction.
Or, he can even keep silent so that the 'wife' may approach the court and he can raise all the issues there.
It is for the queriest to make the choice.
sunny lover
(Querist) 21 October 2014
Mr. V R Shroff
I want a clarification where i have written
all lawyers r liars & unfaithful . i think it came from your innovative mind .
Next thing she always threatened me for 498A but she had not the courage to suit because she was not staying with us ,how can she go for 498A,
Next thing I wanted to take entire responsibility after the birth of the child but want a DNA test to she refused why?
when she had an allegation against me that i have a physical problem before leaving our house after 7 days.
Mr. Shroff I BET CHILD IS NOT MINE.
I WAS QUIET FOR LAST 6 YEARS BECAUSE I DID NOT WANT TO SPOIL IMAGE OF BOTH FAMILY I THINK THIS NOT COWARDNESS
Devajyoti Barman
(Expert) 21 October 2014
DNA test is no more forced upon wife unless wife voluntarily agrees to undergo such test.
Read the recent SC decision.
Rajendra K Goyal
(Expert) 21 October 2014
You may or may not be the biological father of the child, if you have not divorced before the child was conceived, you are the legal father of the child. Go to court for divorce with one of the plea of adultry, prey for DNA test of the child.
