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Waliullah AHmed Laskar (Activist)     29 June 2009

Law Relating to Aknowledgment of Paternity

When I was searching for Indian laws relating to establishment of paternity through DNA (deoxyribonucleic acid) tests and procedure and evidentiary value of such tests for the said purpose I came across a number postings on and also found your email address. I found valuable materials on the site and for these I am very grateful.

The cases I found there and elsewhere, except that of Mr. ND Tewari, are between married spouses and/or respecting/involving their children regarding the claim of maintenance and grounds of divorce.

I need to know whether there is any decision of the Supreme Court of India and/or the High Courts as to the question whether a child born to a concubine has any right regarding the acknowledgement of his paternity and whether non acknowledgment of paternity violates fundamental rights under Article 21, 14, 15 of the Constitution and whether on the said ground a supposedly illegitimate child or anyone on his behalf can file a writ petition under Article 266/32.

If the mother of such a child or a rape victim eventually giving birth to an illegitimate child (the accused not yet charge sheeted or convicted) wants to claim maintenance for the child under section 125 of the Criminal Procedure Code, 1973, is it enough for her to allege/claim that the child is result of rape committed on her. If not, what evidence does she need to produce? Is it needed that she should demand a DNA test?

What is a suit of paternity? What are the laws (statutory or case laws) governing such a suit? Can a rape victim or her child resulting from the rape file such a suit as an indigent person?

Is the judgment in the ND Tewari case available online?

I need this information because the non-profit organization (BHRPC), of which I am a part, has been requested to extend help in this type of cases.

I shall be very grateful if you help me urgently.


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