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surekha Chowdary (teacher)     03 April 2024

Paternity test

please help

My husband was running a dental clinic and appointed a married  lady Haseena as assistant. Haseena died of swine flu when her baby Faiza was just born may be 2 days.He spent lakhs to save her by borrowing money.Haseena's husband abandoned that child and she is in the care of her grandmother.  After I got married he told me that he is supporting the education of a girl who is an orphan ,I praised him for his magnanimity and even i sent her money.

Off late I came to know that my husband's first wife divorced him as he cheated her as she came to know that Faiza is his biological daughter .I was shocked. I  WANT TO PROVE HIS CHEATING BY PROVING LEGITIMATELY THAT SHE IS HIS BIOLOGICAL DAUGHTER.I have her photographs.

Kindly don't suggest me to divorce him because I want to prove his cheating and  then divorce him. Can I get DNA test.



Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 April 2024

The biological son of  N. D. Tiwari wanted Mr. Tiwari to submit to DNA test to prove the fact. At first Mr. Tiwari refused. Then he was ordered by the court to submit himself to the test. It was proven that Tiwari was biological father. In the case of Tiwari his son had a reason to prove that he was really his son. If you have a reason you will have to satisfy the court with your reason so that the court will order both your husband and the child to submit themselves to DNA test. If your husband or the guardian of the alleged biological child objects, your case must be strong to overrule their objections. It may be more difficult if the child is still a minor.

T. Kalaiselvan, Advocate (Advocate)     04 April 2024

Firstly, this will not be a proper ground or  reason for filing the divorce case even if you prove that the child is your husband's biological child because this has happened before your marriage hence this will not come under the act of cheating.

You cannot even blame it as an act of cruelty because you too have contibuted to the child's welfare when you never knew the fact, hence either do not believe the rumours or look for some other reason to get your marriage dissolved by divorce 

Dr. J C Vashista (Advocate )     04 April 2024

Donot adventure for DNA or other tests of the child even if you came to know about cheating committed upon you, it would spoil the matrimonial institution based on mutual trust and reconcilliation.

Real Soul.... (LEGAL)     04 April 2024

Just go through this article you will know upon case decided by Supreme Court;

https://www.jurist.org/news/2023/02/india-dispatch-supreme-court-limits-dna-paternity-testing-in-divorce-proceedings-prioritizing-childrens-privacy-rights/#:~:text=The%20Court%20firmly%20held%20that,cohabitation%20is%20to%20be%20expected.

Conclusion;

DNA test of a child to ascertain paternity may only be ordered “only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.”  It was made clear that as part of any valid marriage, cohabitation is to be expected. However, cohabitation per se is not conclusive proof of “access” to one another in a way that there would be the possibility of a s*xual relationship. Conversely, parties to the marriage may have had “access” to each other even in the absence of cohabitation.

Powers Billie   19 April 2024

Originally posted by : Real Soul....

Just go through this article you will know upon case decided by Supreme Court;https://www.jurist.org/news/2023/02/india-dispatch-supreme-court-limits-dna-paternity-testing-in-divorce-proceedings-prioritizing-childrens-hill climb racing-privacy-rights/#:~:text=The%20Court%20firmly%20held%20that,cohabitation%20is%20to%20be%20expected.Conclusion;DNA test of a child to ascertain paternity may only be ordered “only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.”  It was made clear that as part of any valid marriage, cohabitation is to be expected. However, cohabitation per se is not conclusive proof of “access” to one another in a way that there would be the possibility of a s*xual relationship. Conversely, parties to the marriage may have had “access” to each other even in the absence of cohabitation. 

This article sheds light on a significant legal decision by the Supreme Court of India, emphasizing the importance of children's privacy rights in divorce proceedings. The Court's ruling, as outlined in the article, underscores the need for careful consideration before ordering DNA paternity testing, prioritizing the well-being and privacy of the children involved. By highlighting these nuanced legal principles, the article contributes to a broader understanding of family law and underscores the complexities involved in such cases.

 


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