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Munni   05 March 2017

Need urgent advice

Dear All,

In addition to my earlier query, I have some recent update about my champian husband.. He already keeping relation with a girl and came to know that his new wife is already prgnant and staying together...

After reading of many posts, now he has two possibilities,

1. Declaring that child born out of wedlock and will not declare his name a father..

2. Pay some money to any guy and make a marriage certificate with some body's name and they may declare that his wife as actually some body's wife (in paper court only)..In such case how can I prove it?

Can I request for DNA test?

 

I consulted private detective, but maximum I got pictures of both..How to prove that they are staying together and in relation? 

 

 

 



Learning

 6 Replies


(Guest)

Yes, you can ask for DNA test to be done.

1 Like

Munni   05 March 2017

Dear Sir,

Thank you for your suggestion.. what is the procedure for DNA test? I read a post where it is mentioned that DNA test is not prohibited in India...

If this is not true then how to proceed? should I request to the court?

Plz suggest..

ADVOCATE NITIN KAPOOR (Advocate)     05 March 2017

DNA test is permissible and legtimate in India. 

For DNA test, you need to move an application before the concerened Judicial magistrate. In case he dismiss your application you can directly move the High court under Article 227 of the Constitution of India for directing the parties to submit themselves for DNA test.

It is to be noted that DNA tests are allowed only in exceptional cases. Courts allow DNA test in maintenance cases. But for Bigamy or adultary courts are very reluctant to allow DNA test as it is require to be prove from other evidences.

Contest the application vigourosly by hiring a good advocate, it may fall in your favour.

 

Regards,

ADV. NITIN KAPOOR

MOB: 8800692624. 

1 Like

Munni   05 March 2017

Dear Nitin Kapoor,

Thank you for your valuable suggestions..I want to fight as much I can, because he spoiled my life.. I want to take revenge to him..

But point to be noted that right now he is in Dubai and playing game with me...he took one girl and he declared as his maid.. now he is living with her and now I come to know that she is pregnant.. I dont know how he is playing game.. either she will declare as by giving birth as without out father or may be they managed a marriage certificate with another guy..

For that I am targeting for DNA test.. I hope in India system I should get justice..

what is the procedure to apply for DNA test for that lady and her future new born baby?

 


(Guest)

You ppl must be muslims. I have been following your thread, advsing for some time now.  If he has remarried and is maintaining  her, it is valid if he has provided the dower back to you. If he has failed, you can seek maintenance via court.  Muslim woman is most secure wrt maintenance.  Muslim laws are such that they have put married woman in very safe and secure place where some one or other will look after the woman in case of divorce.

 

Now revenge part will only work one way, you dig two graves, one for him, one for you.  But to take revenge the person must be in front of you.  He is sitting somewhere and you are just calculating.  If you have got dower back then just move on.  Dont waste your life behind him.

Jo lagaye na lage, jo bhujaye na bhuje..

1 Like

ADVOCATE NITIN KAPOOR (Advocate)     05 March 2017

If you have decided that you want to fight......... my suggestion would be to go for maintenance. Even if he is in Dubai, summons and warrants can be send for him to attend court proceedings.

 

PS- The above stated suggestion is given only after considering your problem prima facie. Rest I do not know your core issue.  


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