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Jerafin   29 November 2015

Dna test comes with negative result

Me & my wife separated three years before and our marriage was not properly register, we have 5 years son; recently I had applied for a custody for my son and my wife said in court that I’m not a father of my son, so we went for DNA test. Result come with negative and prove that I’m not a biological father, but all documents saying I’m the father of my son & I believe the same, but till I didn’t receive the order.

Can anyone tell me what will be the order; it is will backfire to me? And I can move further case against my wife and her family?  



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 7 Replies

Nitish Banka (lawyer)     29 November 2015

This proves unchasity of your wife and you may move for divorce.

Unchaste wife is also not entitled to alimony

 

https://www.dnaindia.com/mumbai/report-unchaste-wife-not-entitled-for-permanent-alimony-bombay-high-court-2130433

Nitish Banka

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Take divorce would be my suggestion, file case of adultery on her.  Make sure to get your name deleted in fathers name coloumn of school records by showing DNA test result to school and also court.  If not it will lead to more legal problems in the future.

Jerafin   29 November 2015

Thank you all for your valuable advise , please tell me is there any law to get my son , since i love him lot , i never think that he didn't born for me; i need my son back and also advise me , is there any possible they can fail case agaist me , since i don't have a valid proof for our marriage 

SAINATH DEVALLA (LEGAL CONSULTANT)     30 November 2015

Once declared in DNA that U R not the biological father,UR rights over him cease to exist legally.But still U can claim custody of the boy in court at the time of divorce.UR plea should be on human relations,but U have to counter UR wife who would naturally claim custody of the son.Hence engage a competent family lawyer and fight for the boy.

Jerafin   01 December 2015

 

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Once declared in DNA that U R not the biological father,UR rights over him cease to exist legally.But still U can claim custody of the boy in court at the time of divorce.UR plea should be on human relations,but U have to counter UR wife who would naturally claim custody of the son.Hence engage a competent family lawyer and fight for the boy.

 

 

Thank you all 

Please advise me how i can get my son, I have birth certificate issued by state goverment of karnataka; School Transfer Certificate, Family Card & Passport are says my name as father  

based on this documents i can file atleast visitation right 

prabhakar advocate (advocate)     01 December 2015

The love and  relationship between two human beings never necessarily be through blood relation.  First you find yourself whether you believe that DNA result  is proper and no manipulation has happened.  If DNA test is not manouvred, then the option left to you is to engage a prudent advocate and fight custody case along with visitation rights.  In the meantime, never lapse to send proper maintenance amount to the child for his good upbringing.  If your emotional attachment is put before the coourt in proper perspective, you have bright chances to get visitation rights.

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SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

In continuation to Adv Prabhakar, as the child was brought up by U since his birth,U have every right to insist on the well being and custody of the child,even if the wife opposses.Every thing depends how U present URself in the court.


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