Arif Iqbal (Advocate) 27 July 2011
Dear members
A petition was filed by husband (A) against wife (B) u/s 13 of the Hindu Marriage Act on the ground of having voluntary s*xual intercourse with some other person (C). One of the pleas of the husband is that even the two child are not his and are born out of the illicit relationship with B and C. He is even ready to have DNA tests for the same. Now is it possible to implead the alleged adulterator (C) in this case as proforma defendant and what is the procedure for DNA test.
Aniket Giri (ADVOCATE) 27 July 2011
YES, HE CAN IMPLEAD THE ALLEGED ADULTER AS PROFORMA DEFENDANT.
I DO NOT KNOW THE PROCEDURE OF DNA TEST, BUT MOST PROBABLY HE HAS TO TAKE LEAVE FROM THE HIGHT COURT.
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