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Harshal (PP)     17 September 2010

medical test or grounds on wife for divorce or FIR

Dear All,

I would like to have your information on below points -

1) After the marriage within a month or two before it has been identifed that wife was having gylactorrohea ( flow of breast milk well related to hormonal imbalance, antipregnancy pills or some drugs or s*xual activities). It havn't been disclosed by wife but living deserted with husband. Primarily it shows that wife is having extra marital affairs. Could it be ground for divorce or filing cheating case ? or is there any medical test where wife can be proved for having extra-marital affairs. like VDLR, HIV, SERUM does any test are there? or is there any other medical test...

2) Wife having on record two date of births? on marriage certificate is different DOB and on her PAN card another DOB. could it be sufficient ground for cheating or forgery.

3) Husband is under threat of 498A by wife and her inlaws. Can husband file FIR u/s 94 against them.

4) Wife inlaws have given two different marriage registration only photo copies under grampanchayat BDO officer's sign but couldn't given original and after enquiry there is no such registration of marriage but husband has been cheated. what kind of FIR should be lodged.

5) What is the procedure for applying for DNA test permission from court.

 

PLS ADVISE..  



Learning

 7 Replies

tortured_aathma (none)     17 September 2010

galactorrhea is not necessarily d/t pregnancy. it can be due to pitiuatry tumors and medicines side effect too.

VDRL , HIV AND OTHER TESTS ARE positive only if she has multiple s*x partners, they may or may not be positive if she has a single or two partners.

only u do know if she was a virgin.

regarding her being pregnant u can have gynecs checkup whu can easily tell if she was pregnant before.

regarding DOB how much is the difference, normally courts dont take small difference as cheating/fraud.

i feel u need medical advise more than legal advise, visit an endocrinologist and gynec rather than a lawyer.

tortured_aathma (none)     17 September 2010

DNA test? for wat ? do u have a offspring?

Harshal (PP)     17 September 2010

Thanks for reply.

1. the difference is of 1 year. initially told by wife inlaws as 5.5.80 but later came to know as 5.7.79. husband dob is 11.6.80.. mean 1 yr older than husband.

2.wife has been caught raid handed in adultery at her parental home by husband. they managed the police to not take FIR with their political and supari killers power. As he seen the extra marital affairs seems the child could be also illegimate. Husband came to know that his wife is PROSTITUTE clearly.But do have photo...the wife is now leaving separately. 

pls advise other points.

adv. rajeev ( rajoo ) (practicing advocate)     18 September 2010

If you take the extra maritial ground for divorce you have to prove it. So with cogent evidence you can seek divorce

aflatoon dash (health)     19 September 2010

harshal,

First of all ensure that you do not have any undue suspecion in yor charector.Galactorrohea can occur due to hormonal imblalance and pitutory causes.AS regard medical test.Following judement will be help ful.

In Sharda v. Dharmpal7 the Supreme Court took a very positive view regarding importance as well as admissibility of DNA evidence in matrimonial cases. The Supreme Court categorically observed that: (SCC 2003 p. 524, para 81)

“1. A matrimonial court has the power to order a person to undergo medical test.

2. Passing of such an order by the court would not be in violation of the right to personal liberty under Article 21 of the Indian Constitution.

3. However, the court should exercise such a power if the applicant has a strong prima facie case and there is sufficient material before the court. If despite the order of the court, the respondent refuses to submit himself to medical examination, the court will be entitled to draw an adverse inference against him.”
 

Harshal (PP)     20 September 2010

Thanks for info.. Now we have all the blue chip cds and photos of adulteration with many person to show in the court against the wife.... but husband want to have care of baby which she had delivered....

He needs the child in safety...how to seek permission? could court would grant in such case the child custody to father...is there any citation...

s.kannan (Advocate)     19 July 2011

whether medical examination on gynocologist is permissable in matrimonial suit


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