Can a married women request for dna testing ?

engineer

Hello Experts,

    Can a married women who has been married for 23 years request for a DNA test for her son? claiming that her husband is not the Biological Father? the child is 16 years old now

  will the court allow such request coming from a women who is the mother of the child?

Thanks,

Vinay.

 
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Dy Director

Why she wants such stigma
 
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Retired employee.

Even otherwise if not through court, any one can obtain such certificate from bonafide laboratories and submit it as documentary evidence.

 
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As per me wife can simply say to husband that child is not your son. after this statement no husband will claim fatherhood of child.
 
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Advocate

What is the point in dispute? What is the real issue?

 
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What is the problem
 
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1. Court order is not required for getting the DNA of her son verified.

 

2. She can get the DNA of her son tested by the appropriate Laboratory.

 
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engineer

Hello Experts,

   The issue is that the wife would like to get out of the wedlock as her parmour is rich and famous person , but she is worried that her husband may not give her divorce legally, as her husband and kid are emotionally attached and the entire neighbourhood sees them as a perfect family . so inspite of all the drama that his wife puts,no one is ready to listen to her as already 16 years have passed.

  so she wants to get seperated from her husband legally . so she wants to prove legally that her husband is not the biological father and take divorce based on that.

  can that wife legally request the court's for a DNA test to prove that her husband is not the biological father? are there any provisions in law which can stop her from doing DNA test  .

Rgds,

Vinay.

 
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Retired employee.

There is no such law that prevents any citizen in exercising their rights.  Even if a DNA test proves illegitimacy, the husband may not be willing to give divorce, as he can claim that he has given consent for such adultery as per the past laws.  Finally, it is left to the Court to decide on such facts presented before them.  But, even court cannot compel her,  when a wife is not interested to continue the marital relationship.

 
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engineer

Well Prasad sir,

   Courts cannot compel her "Agreed" but the court also cannot break a family because a women wants to break it???

anyway legally if she requests the court will they Direct a person to have a DNA test ?? if yes then during the ND Tiwari arguments the son produced the below proof's to allow the courts for a DNA test to prove ND Tiwari is the biological father.

 

 "Rohit Shekhar son of ND Tiwari  also relies upon copies of several photographs filed along with the suit and even subsequently. In support of the submission that Ujjawala Sharma and B.P. Sharma were estranged and subsequently their marriage was dissolved, reliance is placed upon the pleadings in the divorce proceedings. It is submitted that the said Court document established that the husband and wife 3/28  were estranged and living separately since 1970 "

 

here in the wife's case the son was born during the valid marriage period and husband and wife's relationship is not estranged like in ND Tiwari's case,and above all  as per the law she also needs to report the actual father name before 280 days after the kid was born. so keeping all this in mind the courts can rule in husbands favour stating that 

"the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA is eminently needed. DNA in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has to consider diverse aspects including presumption under Section 112 of the Evidence Act; pros and cons of such order and the test of `eminent need' whether it is not possible for the court to reach the truth without use of such test "

 

with the above statements  how likely that the court can order a DNA test as the marriage is still valid during the conception ?

 
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