(Guest)

Dna test

Hello,

my friend and her husband want to file a application in the court against her husband's mother as her husband's father is unknown and she has illegal affairs and wrongly showing someone as his father in the court inorder to get his property.

Can you share the template application for DNA test and under which section can be filed

Thanks

Bhavya

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5 Replies

SOLOMON.RAJ (advocate/director) 23 August 2018

Bhavya,
The only competent court is the High Court file a writ making the director , district medical &health authority and the Registrar of Births and deaths and his mother as respondent seking a direction to produce all the birth encyclopedia and in the process you can seek DNA test Report.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

K Chakraborty 23 August 2018

226 IC is the only way

Kumar Doab (FIN) 25 August 2018

Which personal law applies in your case?

Are you all Hindu?

Confirm!

Kumar Doab (FIN) 25 August 2018

When a child is born from valid/void/voidable marriage the child has a right in deceased father’s estate/property.

When marriage is solemnized as per provisons of personal law that applies there are many evidences e.g; Marriagwe Certificate, Priest, witnesses, marriage photographs..etc etc

The father/mother submits signed papers in hospital, Registrar of Births and Deaths, School, Colleg e etc etc that can be corroborating evidences..

So IT is not that easy to deny marriage (valid), birth of child…hence not that easy to make anyone stand as Father/deceased father..

Kumar Doab (FIN) 25 August 2018

There are many threads on similar query that you cansearch thru SEARCH option

e.g;

GO thru;

Article under my profile;

“Child born from arrangement other than marriage has no right on Hindu Father's property!”

So child does have a share even if the arrangement was marriage marriage …

Thus your friends share should be protected..

Also go thru Threads on Dna test;

e.g;

Home/ Forum/ Criminal Law/ Police

Paternity suite comes under civil law or its criminal ?

You may pick up relevant points, provisons of applicable laws, citations etc

Fraud with court is serious offense..

In case of fraud the fraudster(s) can be punished.

The application if any is needed is to be drafted by your own very able LOCAL senior counsel of unshakable repute and integrity specializing in civil/criminal matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.

There are able counsels at each location.

Check for such counsels at LOCAL civil courts, HC, SC…