Dna

awadhesh khadiwala (Querist) 01 October 2012 This query is : Resolved
A (female) had physical relation with B (Male) as wife. Now B denied relationship with a in case U/s. 125 Cr.P.C. A have some record of conversation between A & B. She had collected B's semen in her panty. Can relationship between may be proved by DNA test. If so what method? Thanks,

Follow Query

Report Abuse

ajay sethi (Expert) 01 October 2012
rely on telephonic conversation . as far as semen is concerned better ask forsenic expert whether after so many months you would be able to do the test .

Guest (Expert) 01 October 2012
It seems you have avoided to mention what actually is the problem. Your brief query itself raises a number of questions for clarifications, like--

1) What to you intend to convey by the term "as wife"? If she was wife, her husband had every right to have physical relations with his wife.

2) If she was her wife, why A denies his relation as wife?

3) Is she not his duly wedded wife?

4) If not her wife, why she allowed physical relations AS WIFE?

5) For what purpose the conversation was recorded by A?

6) For what purpose B wants to prove her relationship as wife?

R.K Nanda (Expert) 01 October 2012
it cannot be proved by DNA test.

Devajyoti Barman (Expert) 02 October 2012
The physical relationship does not establish her status as a wife and hence she is not entitled to maintenance u/s 125 crpc.

V R SHROFF (Expert) 02 October 2012
Cr. Court have no jurisdiction to decide whether a claimant is Wife or not. Only Civil Court can decide the Relationship of H & W.

Under the circumstances Husband must file civil suit for Declaration that Mrs XX is not his Wife.

That Court Order help him in 125 cr p c

Q: Can relationship between may be proved by DNA test. If so what method? Thanks,:

Ans: Physical relationship or DNA does not confer status of WIFE [ ABSOLUTELY required for 125 cr p c ] She has other remedies like DV Act.

All Q by Shri Dhingraji lead me to conclude that this Query is imaginary, Academic or the Querist not coming before us with clean hand, and hiding facts.

prabhakar singh (Expert) 02 October 2012
DNA test if gone with can only prove that it is B's semen on her panty. And that is all.

But no inference of marriage between the two can go proved by this exercize if the same is
denied by B.

She needs witnesses of marriage.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries