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padma (hjk)     09 November 2012

Divorce

Dear experts,

my husband working in dubai. i spent only 20 days with my husband after marriage and i blessed with a child. after delivery i got a birth certificate for my child. now we had some problems and divorce is applied. my husband is saying that he was in dubai while my delivery. i got the birth certificate without his concent. so, the birth certificate issued is invalid. is he true? Can he ask for DNA test based on this reason? the baby is premature.



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 November 2012

There is no wrong in getting the birth certificate without the consent of the husband and the obtained birth certificate is valid one.  He cn ask for the DNA test, but not on that ground.

Ranee....... (NA)     09 November 2012

No.It is not true.Don't worry.

rahul (director)     09 November 2012

why you worry for dna if you are not unfaithful, it seems there is something catchy. why u worry ,,,he will pay for expensive DNA test,, 

geanna bell (none)     09 November 2012

Divorce is the last thing a couple thinks about when getting married. But unfortunately, it’s an emotional and very real outcome for many; it is also a legal one governed by strict procedural requirements. As a result, it’s important to recruit the services of a divorce attorney to make certain no details are overlooked. When the emotional toll of a divorce is taking precedence in an individual’s life, it’s important to rely on the legal services of a divorce attorney who can deal with the legality aspects while the individual focuses on coping and caring for the family.

priya (propriter)     09 November 2012

Dear sir/madam,  

                              I am priya stay in Pune its regarding one of my friend he also stay in Pune city, He want a divorce from his wife she stay in Amritsar since 3 years she is qualified and working there they have one son from there marriage he is 17 years old stay with her mom.And he is now working in a private co, he is Air force retire person, 
 
There story start from 2003 when his wife runaway with his boyfriend and after few months she came back to her parents house he came to know when she wants her son to be with her.and in same year he file the case against her,Whatever the prove he was having it was with the lawyer and some how with some inf uncial person she has taken away from his lawyer right now he is having only news paper kating that can prove only, And in 2006 he withdraw the case she convance him that they will live together for there son, And after that she refuse to do that, But there is one thing is very important when he withdraw the case he mention that he was misguided and was having some confusion about her corrector.  Since then he is staying in Pune and she is staying in Amritsar so basically they are separate since 2003 tel the date. 
                                                                                                                                                                                                                             In between some time they talk over phone or by emails if its regarding there son, He ask her many time to go for mutual divorce she said she will not give but through some friend he get the indication that she wants money.
                            I think now u can understand the matter so please advice what he can do to get rid of all this.if u want to know more in detail please let me know. i hope that you replay for this mail. 
                                        with regards 
                                          priya

tenrique_in (MT)     09 November 2012

Hello Mam,

                    It will be better to go for the DNA at your husband's cost and make the situation clear.  The mistake on your part is you issued your child's birth certificate without your husband's consent/knowledge.  The other mistake is why did you "do it" when/if you were aware that your husband will be in Dubai.  From my own experience the golden words to avoid marital dispute (to some extent) are :  Do not proceed to have children unless and until you understand and trust your lifepartner completely.  Anyways, do not try to be offensive with your husband.  Be soft with him, admit your mistake and ask for forgiveness for the issue of birth certificate.  This DNA issue is offensive from his side, but what to do, our culture is getting to the lowest where trusting anyone is rare.  That's another issue to discuss.  If ur husband does not calm down after ur soft with him, give him one more chance later and if he still does not change his attitude then my recommendation is for you to get offensive on him.  But the thing that matters is how effectively you try to convince him okay.  Your husband should be the most important person in the world for you don't forget that.  Respect him until he is proven wrong.

JANAK RAJ VATSA (ADVOCATE)     11 November 2012

birth certificates are issued as a evidentiary proof of a child having been born to a mother and its issue is not at the instance of the husband asking

tenrique_in (MT)     11 November 2012

Wrong.... birth certificate is mandatory per the government because they have a job to know the country's population and for various other things

JANAK RAJ VATSA (ADVOCATE)     12 November 2012

don't u think that before knowing the population of a country, they should know who is her mother ?

MohammedRaffiq Bijapur (Advocate)     13 November 2012

Birth certificate is not the proof of paternity. It is mere proof of an event of birth of a child.


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