Child custody

The man does not want to do a DNA.

It is his wife who says, he is not biological father and forcibly denying kid's access to this man.  That too, she told outside the court gate and not inside the court.  Though she may not have the guts to tell so inside court, this man fears what if she files a petition saying that kid is not a biological child of this man and hence objects custody / access to this man. He doesn't want such things to happen.

To take custody of the child, what if  the wife, files a petition for DNA test. In such case, this man plans either to withdraw suit or forsake custody rights.  He doesn't want DNA test at any cost.  What ever be the outcome, he feels it would attach stigma to the child

1. In presented brief, respondent (wife) cannot put 'condition' in Court to conduct DNA test. If she does that same can be dismissed as this isa case of allegations of petitioner (husband) alleging wife's adultery not other way round.

2. The respondent (wife) is playing with super size emotions of petitioner (husband) inside or outside Court. We advice him never to withdraw such allegations based suit matters unless he himself is not sure on quality of evidences then it is other matter but on account of such oral allegations which are not material records of Court, we will never suggest him to withdraw - grow emotionally weaker.

3. The petitioner (husband) should claim custody r/w visitation rights irrespective child is legitimate or illegitimate PERIOD.

4. Petitioner (husband) should not withdraw divorce suit matter on mere outside emotional game (allegation) of respondent (wife). Least to least if the allegations of adultery as alleged in suit matter he is not able to prove the case will get dismissed that is all will happen. But, meanwhile if he gets visitation of child atleast he makes a breakthrough with child graduating later to full custody.

5. Few weeks back I placed ref. Citation of Court where DNA test was not allowed, refer to it irrespective whose side you are placing this query before us.

6. Flip all above by one wrong order of concerned Court if DNA test is allowed the immediate action petitioning (husband) should do are two; file in same Court for allowing amendment of his divorce suit matter where in he prays Court to allow him to add one para relating to DNA test which is ‘cruelty’ and it is proved the moment DNA test is allowed and second act he should do is to approach DB of State’s HC (assuming current matter is before ld. Judge of a Family Court) to seek quash of Order of Family Court Judge citing ‘cruelty to child r/w stigma’ it attracts and which cannot be washed away. By acting (i.e. if it happens) he has made his case much stronger given to understand ‘infidelity’ of spouse requires ‘silver quality’ proofs and many such suit matters crashes on the go and then such ‘stigma’ results due to no faults of minors.

Dear Querist

if there is any question related to legitimacy of illegitemacy of the child as per hindu law