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Requesting dna test during interim maintenance argument

Is it okay to request for DNA test on child during interim maintenance argument?


 9 Replies

Dr J C Vashista (Advocate)     15 January 2014

No, even illegitimate child is entitled for maintenance

Arvind Singh Chauhan (advocate)     15 January 2014

It differ with Mr. Vasistha.

Illegitimate child does not include, who is not begotten from the concerned spouse or party in 125.

Illegitimate child means, child begotten from the spouse though relation of parties is illegal.

If you are confirm that you are not father of the child you should pray to court that, order for DNA test may kindly be done before the arguement and order of interim maintenance. Because if court in later stage of trial, finds that person is not biological father of child, interim payment paid to child can not be recovered under any law. It would be unjust for that person.


Please correct me if I am wrong.

1 Like

Adv. Chandrasekhar (Advocate)     15 January 2014

Maintenance is for bare survival of the petitioner and her child, at the stage of interim maintenance arguments, triable issue like illegitimacy of child, adultery of wife or remarraige of wife can be put off for the dsposal at the time of main petition. 

Adv k . mahesh (advocate)     15 January 2014

you can but you should convince with evidence why you need such an act to prove 

T. Kalaiselvan, Advocate (Advocate)     15 January 2014

I partly disagree with Mr. Arvind.  The illegitimacy means, a child born to the same father out of live in relationship or a concubine  upon which the father/respondent is bound to pay maintenance amount to that child. Here the question is about whether a petition for permission for DNA test can be preferred during the interim maintenance argument stage also, yes, if the respondent disowns the child, he can very well file a petition seeking permission for DNA test to confirm the biological father of the child on whose behalf the maintenance is sought for.  This may be helpful to decide about the main amount too.


Shouldn't that be a normal practice by the court to check child's DNA for fair trial? My question is can requesting DNA test lead to cruelty on wife?

Dr J C Vashista (Advocate)     16 January 2014

Mr. Dhanesh,

It is not a normal practice  to check child's paternity by the court for fair trial.

Of course requesting DNA test shall lead to cruelty on wife since you have doubted her chastity.

What do you want to prove by requesting for DNA test of the child? Do you want to disown the child?


When wife doesn't allow access to child then it raises question in mind is this my child? My daughter is just 6 months old.

Dr J C Vashista (Advocate)     17 January 2014

It is your misconception, donot attempt any adventure which may be ruinous such as to ask for such test. Pay interim maintenance of your daughter & wife willingly since that is part your own family and you are morally, socially and legally bound to pay.. 

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