Procedure for dna test of a child?
Guest
(Querist) 03 February 2012
This query is : Resolved
If a child was born in a live-in relationship between a married man and an unmarried woman, can the wife of that man ask for the DNA test of the child to prove adultery/bigamy?
What are the limitations or whom can ask the DNA test of a minor child? Can court order DNA test of a minor child without the consent/request of mother?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2012
are you ready for the test that is the first question otherwise it will be a long long journey.
Follow ex AP GOVERNOR TIWARI case.
Devajyoti Barman
(Expert) 03 February 2012
The parent can go to any Private Clinic with adequate infrastructure and get the DNA test done.
However if it does not help you then file a Paternity Suit and get the DNA test done by the court appointed expert.
ajay sethi
(Expert) 03 February 2012
yes wife can to prove bigamy .
court has full powers to pass ecessary orders for doing DNA test
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2012
Dear sir if your argument is accepted than any suspecting wife can blame any mother of child and ask for DNA TEST.
it is intrusion in the privacy and accused can not be directed to provide evidence.
There will be long drawn legal battle first to prove the possibility of physical relations than only court can consider., not otherwise.
Here again even after High court N D TIWARI former AP GOVERNOR has refused to go for test.
ajay sethi
(Expert) 03 February 2012
In disputes over parentage, can a court compel a person to undergo blood or DNA testing? Although the stated legal position is no, the Kerala High Court has held that the embargo was not total and could be resorted to if it helped undo the tag of illegitimacy on a person.
The ruling has come from a Division Bench of Chief Justice V K Bali and Justice J B Koshy. The court was hearing the prayer of two women, one wanting to establish her status as wife and the other, to prove her legitimacy as a daughter.
The court dismissed appeals filed by the men challenging the Kerala Women’s Commission decision asking them to undergo DNA testing. One wanted to establish that she was wife of Gopalan Nair while the other, a tribal woman, hoped to prove she was born to one Joseph. The men had disowned their claims. The HC held, ‘‘we are convinced that the DNA test, if positive, would redeem the two women of the trauma they have been undergoing and also advance the purpose for which the Women’s Commission Act, 1990 came to be enacted.’’
Raj Kumar Makkad
(Expert) 03 February 2012
The newborn child of a couple going through a divorce won’t be made to made to undergo a paternity test, the Supreme Court has said.
In a landmark judgment that aims to protect the honour of a child and his mother, the Supreme Court said, “The presumption of legitimacy is a presumption of law. When a child is born out of wedlock, there is a presumption in favour of his legitimacy and the presumption largely depends on the presumed fact that the parties to a marriage have necessary access to each other when a divorce petition is filed.’’
“More so when the husband hasn’t said in the lawsuit that the wife’s child was a consequence of her illicit relationship with another person,’’ a bench of Justices Tarun Chatterjee and RM Lodha said while allowing the appeal filed by the estranged wife that her child shouldn’t be subjected to a DNA test. The Madhya Pradesh high court had accepted husband Bharatram’s petition seeking the paternity test of a child born while the divorce was still being fought in court. The high court, however, felt“Since the appellant (husband) has made it a prestige issue and it appears that in case the DNA test shows that the son of the respondent (his wife) is from the appellant (him) then the family can be re-united.’’
The court also said that “his wife’s son” was begotten from him, which “cannot be disputed on the basis of mere desire of the husband to deny paternity”.
Quashing the judgment, the apex court said there won’t be a DNA test on the child. “In the absence of any reason except on the ground that the husband had made a prestige issue about the paternity of the child, nothing could be found from the HC order which could invite the court to allow such application (by the husband),’’ the judges added.
ajay sethi
(Expert) 03 February 2012
mr makkad
the judgement of the supreme court was on particualr facts of the case . the husband had made it a prestige issue and there were no allegations by husband that wife was having relations with another man .
in the case at hand husband had illicit relations with another lady who is not his wife . hence wife is demanding DNA test to rpve bigamy
Deepak Nair
(Expert) 03 February 2012
Dear Sirs,
In the present case, it is the wife who is alleging adultery / bigamy by her husband. And she is raisnig allegation against another woman that the child of that woman is produce of illicit relation with her husband.
In my view, it is the obligation of the wife to produce sufficient evidence to prove her allegation. The other woman cannot be asked to carry out the DNA test only because of doubt of the wife. The said woman has the right to refuse the DNA test.
If such things are allowed, tomorrow every suspicious woman will come forward asking for DNA test of children of other women.
Thus, according to me the wife is not entiled to ask for DNA test unless and until there is strict proof and sufficient reason to believe that the child is a produce of illicit relation between her husbannd and other woman.
Raj Kumar Makkad
(Expert) 04 February 2012
The case in hand and the citation referred deal two different situations so I was of the view that the citation is not applicable in the given case.
V R SHROFF
(Expert) 11 February 2012
Sonu,
you intend to go for DNA test of a Wife claiming impotent to you??
