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SUJIL S   28 June 2020

REGARDING PATERNITY ABOUT DISPUTE ON CHILD

My wife is living seperately for 1 year with my son below 6 age.
Not showing me my son . When asked she is telling he is not my son and his father is another person.

How can i legally prove that he is my son?


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 5 Replies

Dr J C Vashista (Advocate)     29 June 2020

Originally posted by : SUJIL S
My wife is living seperately for 1 year with my son below 6 age.Not showing me my son . When asked she is telling he is not my son and his father is another person.How can i legally prove that he is my son?

@ Sujil S,

Your wife is stated to be living separate for last 1 year whereas your son is aged 6 years, isn't it? If so, both of you were staying togather before 1 year as husband and wife, consequently your son was conceived by your wife and this boy was born.

Further you have asked that, " ..when asked she is telling he is not my son.." what is the purpose of doubting fathering of the boy ? In such circumstances onus to prove lies on you to prove that he (boy) is not your son.

What is the basis and reason for your wife to tell that you are not, but someone else, is father of the boy ? 

Do you wish to prove adultary of your wife and/ or divorce or any other purpose ?
 

 

1 Like

SUJIL S   29 June 2020

Sir,
She already obtained dv protection order from court for her and son and asking for 20000 per month expenses.

Several times we requested to show me son. But she keep on telling he is not my son, hence will not show me.

Divorce and guardian ward not filed so far.

So we are in confusion, and want to get paternity proven scientifically. How to apply for the same?

SUJIL S   29 June 2020

Now only she is keep on telling son is not mine, when asked to see him. So whether i should ignore her words or go for scientific test based on her statement?

P. Venu (Advocate)     29 June 2020

You are the father of the child; this is not rebuttable, except by the father. Such stand on the part of the wife amounts to martal cruelty which entails you to seek divorce as well as custody of the Child.

1 Like

Sunayana Chhabra   05 July 2020

You need not prove your paternity. You should file a case of granting custody of your child. During the pendency of the case, you will be given visitation rights. Feel free to contact at sunayana122@gmail.com for further assistance.

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