matrimonial
Querist :
Anonymous
(Querist) 04 September 2012
This query is : Resolved
A & B are husband & wife. A is having affair with C who is married with X. Out of A & C's relationship D is born to which name of X is shown as father on record. A has filed divorce petition against B on the ground of cruelty. C, D, X are not parties in said divorce proceeding. Matter is still subjudice. How B can prove adultery of A with C ? How DNA test can be asked about paternity of D ? (all are doctors).
Adv.R.P.Chugh
(Expert) 04 September 2012
For adultery - evidence of sexual intercourse outside marriage is required - not necessarily direct evidence - even circumstantial evidence would do (for eg : hotel reciepts/Texts etc).
DNA tests are ordered always when there is an eminent need, otherwise right to privacy of a person is not violated, now this child is as per the understanding and records the child fo X & C, court in all probability won't order such a test, until X & C concur or you make a really good case of C & A's adultery.
