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Dna test of child born in a live-in relationship

Querist : Anonymous (Querist) 04 November 2022 This query is : Resolved 
My friend's divorce case is pending in court for many years due to his wife's non-cooperation. Recently he has started a Live-in relationship with a divorced lady. Now, the confusion is that if a child is born out of this Live-in relationship, can his legal wife approach the court for the DNA test of the child to prove bigamy or adultery? In such a situation, can the court order a DNA test without the consent of the mother?

kavksatyanarayana (Expert) 04 November 2022
If or may not get a proper reply. Your query relates to the future and who can say future? He did not marry her. So why doubt? When a divorce case is pending, it is bigamy though it is live-in relationship.
Adv K Rajasekharan (Expert) 04 November 2022
DNA Test is permissible in criminal cases, but the court cannot permit it in a way it violates the privacy of the individual or challenges the paternity of the child.

Therefore, in your issue the court cannot order DNA test without the permission of the lady in your live in relationship.

For some more details on the issue, you may go through my article on the topic at https://lawwatch.in/collection-of-blood-for-dna-test-permissible/
Sudhir Kumar, Advocate (Expert) 19 December 2022
"Now, the confusion is that if a child is born out of this Live-in relationship"

Seems hypothetical query.

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