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Ashish (MANAGER)     25 April 2015

False dv case and dna of a child

Hello Experts,

Wife has deserted me 1.5years back and also filed a false DV case exactly after 1.5yrs 

We also have a 2 year old son...but I doubt this fact since in our 36months of marriage she had stayed with me only for 3.5 to 4months max since most of the time she was always at her parents home.

Whenever we made love (we made it only 4-5 times) we always used protection but I don't know how she got pregnant. I don't have any solid evidence that she is involved in adulterous relationship. Can in court can I request the judge the check the DNA of the child..will she agree? Does she have any right to deny ithe test bcoz if the child is mine then she shouldn't have any issues in doing the DNA and proving me wrong.

Experts do u feel i shld take this chance will it impact my DV case in anyways if the results are not in my favour.

Thanks Ashish



Learning

 4 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     26 April 2015

Sir,

 

Various Judgements are there of Hon'ble Supreme Court in this regard, I mean for proving her adultery and all court can one percent allow, but the court will never allow to prove that the child is not yours' ...........be careful regarding the contents of the application you move .....


Yes it will help you in DV case as well......

 

Warm Regards

Kapil Chandna Adv

9899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     26 April 2015

Don't do anything in a hasty manner. The allegation of URs is only a presumption. Part of UR query relates to a Doctor. If the DNA test gives positive report that the child is URs,then U will be in a soup.

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

Yes you can deny all the allegations including the fatherhood of the child quoting your reasons and justifications to it.  You can very well file a petition challenging the child to be yors and can pray for DNA test and subject her to it under the provisions of Indian Evidence Act. Consult your lawyer and proceed, but please be sure that if the test proves that the child is yours, this may have an adverse effect to your chalenge to the ongoing case.

Samir N (General Queries) (Business)     03 May 2015

I strongly recommend that you take the advice of @noname_123. Do a private DNA test, presuming that you have access to your son. Once you have solid evidence, one way or the other, you know what your legal rights are.  Going to the Court first and making allegations in the absence of any evidence, would be putting the proverbial cart before the horse.  If the DNA test confirms your suspicion, then all legal avenues open up for you.  No Court Order is required to get a DNA test so why approach the Courts when you can avoid it? When you file an application in a Court or respond to her allegations, wouldn't it be nice to attach the DNA report to the Court filing? That will send shudders through the opposition... So, do things in the right order. As for DV, just drag until you get the DNA report. Do not give the faintest idea to anyone, especially your own advocate, that you are going for a DNA test of your son.


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