Christian Divorce
Rajan
(Querist) 27 April 2010
This query is : Resolved
We lived only for 45 days in 1999 and then 'she' deserted me. To avoid threat to my life and to my family, I filed the divorce application in 2001 based on the hospital primary evidence of conspired design with mala fide intention of proving distorted names and wrong profession and address of the husband / father of the child she delivered in 34 weeks but fully grown baby.
Based on this I have filed the divorce of 'pregnancy before marriage' and 'unconsumed marriage', however in 2004 she filed for a DNA test as a reply I filed that I am willing to submit to the tests provided she gives divorce and also the court to look into the documentary evidence of name distortion and change of particulars.
After 10 long years, in the open court she accepted that with her other intentions she had distorted the particulars in the hospital documents and she pleaded guilty and the same day, I accepted paternity of the child in writing vide a memo in Nov 2009, that was accepted by the court.
As an after thought, she is insisting for a DNA test inspite of acceptance of the paternity and the court also has passed an order for paternity test inspite of acceptance of the paternity in writing and without checking the primary documentary evidence of the hospital records.
Can you advice me, if the order is correct and can the court order for the test that has been accepted in writing for the sake of the females egoistic attitude.
Since I have accepted the paternity in writing vide a memo, can i seek any relief from the DNA test order
Thanks for your advice
adv. rajeev ( rajoo )
(Expert) 27 April 2010
It is very strange act of the court, inspite of the memo by you court has passed an order.
If DNA report against you then you can claim the relief against your wife.
Raj Kumar Makkad
(Expert) 27 April 2010
Repeated query. Proper reply has already been given against your similar query raised on today/
ESTHERPRIYA
(Expert) 27 April 2010
I think that your wife has insisted for DNA test and she has convinced the court with her arguments. Your entire case is based on the paternity and pregnancy before marriage and more over your case have given contradictory statements by filing divorce in 2001 and accepting paternity by filing memo in 2009, so know the truth of the case and your version of character, court has discretionary power to do so and arrive at a conclusion. If it is proved, your wife has a case of filing defamatory compensation case against you.
Rajan
(Querist) 06 May 2010
Thanks Experts,
However, the primary root cause was providing wrong information in the hospital records (based on the hospital primary evidence of conspired design with mala fide intention of proving distorted names and wrong profession and address of the husband / father of the child she delivered in 34 weeks but fully grown baby).
Nonetheless, it took nearly 10 years to accept the fault and plead guilty in the court of law by her. After her pleading guilty I have writing accepted the paternity of the child (moreover most of the time I was requesting the court to provide me the guardianship of the child) while the case was being heard.
My inquiry:
- When the paternity is accepted, is there any necessity to prove what was accepted?
- When the documentary evidence of the hospital records are still available with different name, even after acceptance why should I be penalized to undergo tests?
- Wont the facts admitted need to be proved again?
Kindly advice
Thanks and regards
