Dna parental test & divorce
Hitendra
(Querist) 09 April 2012
This query is : Resolved
Hi,
I am a Hindu & got arranged marriage.
If I opt for a DNA test of the newly born child & it proves that I am not the biological parent of the child. Shall I be eligible for the divorce in this ground? What does our Law say on such betrayal by wife? Is there any escape for the husband in such cases?
Please reply. Its a life & death question to me now.
V R SHROFF
(Expert) 10 April 2012
YOU CAN APPLY FOR DIVORCE. if you prove it, and also to prove, you did not consent her for extra marital relationship. or there was no rape etc.
No problem is life & death question for you.
Never take it so seriously.
SO IT NOT a life & death question to YOU now.
Raj Kumar Makkad
(Expert) 10 April 2012
I shall confine myself up to legal aspects of the query and shall not go on the moral lines.
Extra-marital relations is a big ground to seek divorce. If you prove by way of DNA test the child born to your wife do not belong to then you are free to take divorce from her on this single ground.
SAINATH DEVALLA
(Expert) 10 April 2012
Dear Hitendra,
Are you 100% sure that the child was not born to you.Because DNA is a crucial subject and evidence.If it turns out positive you can get rid of her,if it is negative then you have to face the tune.Ethically it may be wrong,but logically it is a substantial evidence for ascertaining parenthood.
Deepak Nair
(Expert) 10 April 2012
If you opt for a DNA test ane it proves that the child is not born out of you then you can definitely get a divorce on that ground. But, be sure as advised by Mr.Sainath.
ajay sethi
(Expert) 10 April 2012
agree with mr makkad
SAINATH DEVALLA
(Expert) 10 April 2012
Because DNA is a very sensitive subject.See the case of ND.Tiwari,old man nearly 90,is facing parental case,rejecting the DNA test.
Hitendra
(Querist) 10 April 2012
Hearty thanks to all elders.
I am trying to get the DNA test from a private hospital first & if it is positive, it lefts me with nothing but separation.
Thanks again for the valuable advice.
R.K Nanda
(Expert) 10 April 2012
DNA test is just an opinion of expert only
and court may consider it or may not consider it as it is the discretion of court
and court may pass orders for a second test
also.So, it is sensitive case and think over it again before filing divorce case in court
as you prove to it in court.
Shonee Kapoor
(Expert) 10 April 2012
DNA tests are rarely granted by the court.
You would have to prove that you had no access to the wife when the child was concieved/
Better get DNA done privately before filing any case,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 10 April 2012
So Hitendra,
Do you just suspect the fidelity of your wife or you are confident.Because you have not answered my earlier point.DNA tests done eleswere are not accepted, other than the centres prescribed.Another important point to be noted is, for the parenthood of your child your wife should also give her consent.
Dr V. Nageswara Rao
(Expert) 11 April 2012
1. Courts do not order DNA tests just because you think you are not the father of the child. That is for two reasons:(a)Woman's chastity should not be put to test just because the husband doubts her; and (b) Child should not be bastardized unless there are strong irrefutable grounds.
2. Husbands will not be allowed by Courts to go on a fishing expedition seeking the Courts to be involved to satisfy their doubts.
3. Do you have solid proff of extramarital relationship of your wife? Or are you seeking DNA test as the only way of proving your doubt?
4. You want to get DNA test done privately and without the intervention of the Court, and then file for divorce if the test shows you are not the father. Court will not treat the private test result as conclusive. As the law stands now, Courts do not have the power to order DNA tests in civl cases of paternity etc unless the party consents.
5. It is not as easy as you seem to think.
Hitendra
(Querist) 11 April 2012
ok, if the wife doesn't give her consent for the DNA test, then, doesn't this is a proof itself? Just like ND Tiwari's case, where court said that it will be considered as ND is the father of the person. If wife is loyal,then, she must agree to clear the doubts otherwise how could I like that child in the future life? The gap will be widened. In such a case, can't I deny to keep the wife with me until the parenthood is cleared? Isn't it a right of the child to be with the actual father? I mean if that person should also be forced to take the child with him so as to set an example in the society.
Shonee Kapoor
(Expert) 11 April 2012
No, it is not a proof itself.
The husband is alleging, so he has to prove.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 11 April 2012
Dear Hitendra,
You or the court cannot compel the wife to fo for a DNA test,just because you have levelled allegations.You cannot even take the samples of your child,if your wife does not agree for it.I am not discouraging you,but ultimately your and your wife's conscious prevails over the parenthood.
Dr V. Nageswara Rao
(Expert) 12 April 2012
1. No negative inference can be drawn from refusal to undergo DNA test as the Courts cannot order the test in a civil case of paternity. It is for the husband to provide proof of adultery of wife.
2 That means you do not have any other proof of unchastity of wife except your doubts. Courts will not be partners in this effort of yours.
3. If your line of thinking is to be accepted, every mother in our country will have to be put to AGNIPAREEKSHA like Sita mata has undergone to clear hubby's doubts.
V R SHROFF
(Expert) 12 April 2012
Imaginary doubt, , baseless allegations!!,
Court will discourage such attempt
SAINATH DEVALLA
(Expert) 13 April 2012
Dear Hitendra,
After your replies to the experts,I have come to a conclusion that everything is nothing but your own illusion.Remove that bug from your memory otherwise it will haunt you throughout your life.You are just showering allegations on your wife and nowhere you have tried to consolidate your authenticity to your allegations.Hence you are not sincere and true in your allegations on your wife.Your submission is creating a lot of doubts that you want to get rid of your wife only for a remarriage.Look before you leap.
Dr G V Rao
(Expert) 24 May 2013
Let me inform everyone who wants a DNA test done that all DNA reports are not genuine...their are several FSL's and CFSL's which are issuing substandard reports and playing with matrimonial lives....Please understand that their are 100's of points on which a DNA report is tested on the floor of the Court....unfortunately many advocates are not testing it fully. In a case where I cross examined the expert from Mumbai FSL the DNA report was set aside by the learned Judge as I proved that the results were unreliable and absolutely trash....I proved beyond reasonable doubt that the DNA report was a false positive report....Therefore please be careful while approaching for DNA testing....we are not as good as USA or Europe is doing DNA testing.....
