Dna
samuel singh
(Querist) 22 May 2012
This query is : Resolved
it is ok s112 IEA confers legitimacy but things i want know-wife hrslf make dna>compel husband>husband himself make dns>
can court on motion of party order DNA TEST.
Shonee Kapoor
(Expert) 22 May 2012
why would wife want a DNA?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
samuel singh
(Querist) 22 May 2012
rajesh fransic v preeti roslin. in this husband was wrong and wife is innocent.so wife conducted dna on her to disprove illegitimacy.
J K Agrawal
(Expert) 23 May 2012
The only exception of legitimacy is
"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."
The rule is to protect the life and honor of a child who is totally ignorant and not a party to dispute.
Such a permission never should be granted even by consent of both the parents.
Because the dispute is between husband and wife and the actual sufferer by the result of dispute is the Child who is innocent and having no any fault of his own.
This may be helpful to you
Goutam Kundu v. State of W.B. & Another, AIR 1993 SC 2295
Dr V. Nageswara Rao
(Expert) 24 May 2012
1. You are right, wife can ask the husband to undere go DNA test to disprove the allegation of her unchastity.
2. While CrPC confers power on the police to order DNA in criminal cases, there is no similar provision under any Indian enactment conferring power on a Court to order DNA test, suo moto or at the instance of a party, if the other party refuses to undergo.
3. S . 112 deals with legitimacy and not just paternity.
4. Non-access clause in S. 112 should not be read as an exception. That is a precondition in the sense that the party challenging legitimacy should prove non-access and rebut the presumption of access between married couple. If he fails to prove non-access, conclusive presumption is drawn and it is irrebuttable under S. 4 IE Act.
Dr V. Nageswara Rao
(Expert) 24 May 2012
The decision of the Kerala High Court D.B.(Basant J)the case you referred to i.e., Rajesh Francis v Preeth Rosalin, is a very thorough and meticulously wrtitten judgment and is worth reading on the Internet.
