How to make a woman's parents to undergo dna test
Joe
(Querist) 03 January 2013
This query is : Resolved
Respected Legal Experts,
My wife's parents had committed multiple crimes against me, stole my properties (but gave the perception of legally valid) and my wife uncovered. Since she exposed their crimes to me and neighbors, their fraud/dishonesty, she was harassed, humiliated, almost beaten up, thrown out of their house in the middle of the night. Since white collar crimes occurred almost 10 years ago, it is hard to prove beyond reasonable doubt. Her parents and her only sibling (her brother) threatened to kill her.
No parents would even think of the harm like her parents (her father is a retired Law College Principal) did.
My questions: 1.Can my wife demand her parents to undergo DNA test (to confirm whether these people are biological parents or adopted parents)? 2. What sort of case she has to file? 3.What protection a married woman has especially from criminal minded parents?
Please advise.
Thanks.
Raj Kumar Makkad
(Expert) 03 January 2013
1. No.
2. Not at such belated stage.
3. She can break her entire relations from them and may peacefully reside with her own married family. No need to take legal action at this stage when nothing is fresh issue.
Dr G V Rao
(Expert) 04 January 2013
Your wife can seek DNA test on the ground that she has reason to believe that her parents are not her biological parents and that she needs to know who her real parents are .......She has to file in a Family Court.
Raj Kumar Makkad
(Expert) 04 January 2013
*Mr. Rao! May I ask under which Act, a daughter can force her parents to undergo such test?
There is no law of land to do so.
Chattopadhyay Arghya
(Expert) 05 January 2013
All questions you have asked can be answered in the affirmative depending upon the object of justice ;justified purpose , if cause of action exists you can obtain a court order for DNA test. This is a scientific procedure to be used to discover truth which is used as evidence. Evidence Law approves DNA finger printing as authentic evidence .
safe guard-- law of crime provides safe guard by deterrent procedures against crime ; the position is same in case of parents and child as in other cases .
daughter can sue parents as simply as other persons on just ground and cogent circumstances.
Raj Kumar Makkad
(Expert) 05 January 2013
No such circumstances have been mentioned by the querist based upon which the court may permit DNA test of the parents.
Dr G V Rao
(Expert) 05 January 2013
@Makkad...Sir, in my experience as a DNA expert at a Govt DNA Lab, I reported atleast 8 cases of similar nature. As a DNA expert I am not aware of the law position. However I think the same law applies which made N D Tiwari to give his blood sample as ordered by the Court.
Raj Kumar Makkad
(Expert) 05 January 2013
*Rao! In ND Tiwari Case, the petitioner had filed a suit seeking declaration that Tiwari is his biological father and Tiwari had denied so the necessity of DNA Test had arisen but in the given case, only the querist wants to test his parents whether those are adoptive or biological just for her own satisfaction which is not tenable under law of land.
