Paternity test

The biological son of  N. D. Tiwari wanted Mr. Tiwari to submit to DNA test to prove the fact. At first Mr. Tiwari refused. Then he was ordered by the court to submit himself to the test. It was proven that Tiwari was biological father. In the case of Tiwari his son had a reason to prove that he was really his son. If you have a reason you will have to satisfy the court with your reason so that the court will order both your husband and the child to submit themselves to DNA test. If your husband or the guardian of the alleged biological child objects, your case must be strong to overrule their objections. It may be more difficult if the child is still a minor.

Firstly, this will not be a proper ground or  reason for filing the divorce case even if you prove that the child is your husband's biological child because this has happened before your marriage hence this will not come under the act of cheating.

You cannot even blame it as an act of cruelty because you too have contibuted to the child's welfare when you never knew the fact, hence either do not believe the rumours or look for some other reason to get your marriage dissolved by divorce 

Donot adventure for DNA or other tests of the child even if you came to know about cheating committed upon you, it would spoil the matrimonial institution based on mutual trust and reconcilliation.

Just go through this article you will know upon case decided by Supreme Court;

https://www.jurist.org/news/2023/02/india-dispatch-supreme-court-limits-dna-paternity-testing-in-divorce-proceedings-prioritizing-childrens-privacy-rights/#:~:text=The%20Court%20firmly%20held%20that,cohabitation%20is%20to%20be%20expected.

Conclusion;

DNA test of a child to ascertain paternity may only be ordered “only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.”  It was made clear that as part of any valid marriage, cohabitation is to be expected. However, cohabitation per se is not conclusive proof of “access” to one another in a way that there would be the possibility of a s*xual relationship. Conversely, parties to the marriage may have had “access” to each other even in the absence of cohabitation.

Originally posted by : Real Soul....

Just go through this article you will know upon case decided by Supreme Court;https://www.jurist.org/news/2023/02/india-dispatch-supreme-court-limits-dna-paternity-testing-in-divorce-proceedings-prioritizing-childrens-hill climb racing-privacy-rights/#:~:text=The%20Court%20firmly%20held%20that,cohabitation%20is%20to%20be%20expected.Conclusion;DNA test of a child to ascertain paternity may only be ordered “only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.”  It was made clear that as part of any valid marriage, cohabitation is to be expected. However, cohabitation per se is not conclusive proof of “access” to one another in a way that there would be the possibility of a s*xual relationship. Conversely, parties to the marriage may have had “access” to each other even in the absence of cohabitation. 

This article sheds light on a significant legal decision by the Supreme Court of India, emphasizing the importance of children's privacy rights in divorce proceedings. The Court's ruling, as outlined in the article, underscores the need for careful consideration before ordering DNA paternity testing, prioritizing the well-being and privacy of the children involved. By highlighting these nuanced legal principles, the article contributes to a broader understanding of family law and underscores the complexities involved in such cases.