Paternity suite comes under civil law or its criminal ?

Your Question itself exhibit the answer, "A married women wants to file a paternity suit" Yes, it will be Lawsuit, as a dispute of the "state of being a husband".

 

Hello N.K.Assumi,

   Thanks for your prompt response,

  well if the women files a case after 17 years considering the age of the kid as 17 years will the case stand against the man, whome she calls as the biological father of her son, she for sure will get divorce from her husband if proven.

  after 17 years if that women files a case, will it lead to arrest of that man ,who may have moved on with his life with his family and kids? will the court accept her case at all and get that man arrested under any section? or just ask him to pay maintanace to that biological son , if DNA test proves it? 

will the court order a DNA test first of all ?are there any merits in her case for the judge to think that he can order a DNA test ,

as you know courts can only order DNA test only in the Exceptional cases as per Supreme court's directive . 

so will the case be accepted considering the time duration passed?

Thanks,

Vinay.

GO thru;

Code of Civil Procedure - Schedule I

ORDER XXVI : COMMISSIONS

Commissions to examine witnesses

10A. Commission for scientific investigations

Central Government Act

Section 53 in The Code Of Criminal Procedure, 1973

53. Examination of accused by medical practitioner at the request of police officer.

THE CODE OF CRIMINAL PROCEDURE, 1973; 53,53A,54,164A

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005 NO. 25 OF 2005 [23rd June, 2005.]

Central Government Act

Section 112 in The Indian Evidence Act, 1872

112. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

Also pursue some judgmenst and pick up relevant points;

e.g;

Supreme Court of India

Smt. Kamti Devi & Anr vs Poshi Ram Respondent on 11 May, 2001

Author: Thomas

Bench: K.T.Thomas, R.P. Sethi

Madras High Court

Jyothi Ammal And Minor A. ... vs K. Anjan on 9 October, 2006

Equivalent citations: I (2007) DMC 756

Author: R Balasubramanian

Bench: R Balasubramanian, P J Raja

 “expression "access" used in Section 112 of the Indian Evidence Act had been held by courts as "opportunities to reach"

Supreme Court of India

Bhabani Prasad Jena Etc vs Convenr.Sec.Orissa S.Comn.For ... on 3 August, 2010

Author: R Lodha

Bench: Aftab Alam, R.M. Lodha

Supreme Court of India

Shri Banarsi Dass vs Mrs. Teeku Dutta And Anr on 27 April, 2005

Author: A Pasayat

Bench: Arijit Pasayat, S.H. Kapadia

W.P.(C) No. 31 of 2016 Yam Pd. Pradhan vs. Sonam Pradhan THE HIGH COURT OF SIKKIM : GANGTOK (Civil Extra Ordinary Jurisdiction) ---------------------------------------------------------------------- S.B.: HON’BLE MR. JUSTICE SATISH K. AGNIHOTRI, CJ. ----------------------------------------------------------------------- Writ Petition (Civil) No. 31 of 2016

IN your specific case adduce conclusive/corroborating evidence to show that there is a reason for the said test and/or there is denial by other spouse) e.g;

By showing the documents/evidences that have relevance say; birth certificate registration forms/birth certificate, photo of child with mother/father/family group photo , school admission forms, fee deposited in person/from bank account/debit card etc , ration card with application signed, aadhar card with application signed , passport with application signed, picnic photos, tours or any other relevant document to show father/mother of the child enjoying/celebrating  with the child etc etc .

If souse got pregnant during subsistence of marriage and child birth happened after separation then adduce some evidence say; hospital record showing other spouse  took spouse to hospiatal, CCTV footage etc etc

This would help to defeat the contentions of other spouse and to disallow taking blood samples..and denying paternity..

Also puruse;

Patna High Court

Ashok Kumar vs Smt. Bina Roy @ Kumari Bachhi on 19 May, 2017

Central Government Act

Section 10 in The Family Courts Act, 1984

10. Procedure generally.-

Karnataka High Court

Sri. Hanumappa vs Yallakka on 3 September, 2014

Author: Anand Byrareddy

Madras High Court

M.Karthika vs R.Manohar on 23 April, 2009

You may thereafter also go thru;

Supreme Court of India

Dipanwita Roy vs Ronobroto Roy on 15 October, 2014

Author: J S Khehar

Bench: Jagdish Singh Khehar, R.K. Agrawal

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940 OP (FC).No. 556 of 2017 AGAINST THE ORDER/JUDGMENT IN OP 1438/2008 of FAMILY COURT,THRISSUR PETITIONER(S) E.C. RAMAKRISHNAN, AGED 77, S/O. EARATT CHEERANKUNJI, VALAPPAD VILLAGE, P.O KAZHIMBRAM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV.SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): 1. MRINALINI @ NALINI, AGED 68, D/O. EARATT RAMI AYYAPPAN, EDAMUTTAM, P O KAZHIMBRAM, CHAVAKKAD TALUK, THRISSUR DISTRICT- 680 001 2. THAMI, AGED 59, S/O. EARATT RAGHAVAN, EDAMUTTAM, P O KAZHIMBRAM, CHAVAKKAD TALUK, THRISSUR DISTRICT- 680 001 R1 BY ADV. SRI.K.S.BHARATHAN R1 BY ADV. SMT.S.ANJUSHA

Declaration Suit;

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO             

CIVIL REVISION PETITION Nos.2961 of 2013 AND BATCH      

09-12-2013

Davu Gopal Lunani....Petitioner

Sri Siva Gopal Lunani and another... Respondents

The above shall give you full details in cases pertaining to civil/criminal/paternity matters..

Which personal law applies in your case?

Are you all Hindu?

The property is in which state and what is IT's nature; agricultural, urban, rural etc?

Is IT self earned/acquired/ancestral?

Confirm!

Law recognises marriage that is valid as per prevaling customs/provisions of personal law that applies..

The sons/daughters are the wards that have born from a marriage that is valid/void/voidable.....

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

Sons/daughters have NO forced share in self earned/acquired estate/property of father..

Wife has NO forced share in self earned/acquired estate/property of husband..

Wife is not a co-parcener in ancestral property of husband..