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rsp (ceo)     02 January 2014

Dna test and 497

adultery is a ground of obtaining divorce by law. but my question is

1) if there is no evidence to prove adultery can a person ask for dna test to be ordered by court to prove parentage of children

2) can a private complaint under section 190 (1) a r/w section 200 crpc along with petition for divorce in family law sufficient if wife has wrongly implicated husband in false case of domestic violence and dowry.

 

Please advice



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

Dear Querist

as per you queries my opinion as under

1) if there is no evidence to prove adultery can a person ask for dna test to be ordered by court to prove parentage of children.

Opinion: no it is not possible, sc clearly held No.


2) can a private complaint under section 190 (1) a r/w section 200 crpc along with petition for divorce in family law sufficient if wife has wrongly implicated husband in false case of domestic violence and dowry.

Opinion: you can file a  fresh complaint before court for adultery.

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