query for defamation case

1. DNA Test order thru a Family Court or Criminal Court, is possible ONLY if you file some grievance application before the said Courts.

2. A DNA Test Court Order, will NOT constitute any type of Criminal Offence.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hi,

The test of DNA is done to claim parentage or a person challenging parentage of another.

In this case, the husband’s plea for scientific investigation of a child’s DNA in district court will be rejected unless he can prove that the parties had no access to each other at the time the child was begotten.

Section 112 of The Evidence Act, 1872 states that any person born during continuance of a valid marriage or within two hundred and eighty days of its dissolution shall be conclusive proof that he is a legitimate son of the man until proven otherwise by the person interested in making out the illegitimacy through non-scientific pieces of evidence. (Dukhtar Jahan v Mohd. Farooq)

Section 499 of the Indian Penal Code defines defamation as an oral or written statement that causes injury to one’s reputation. The statement can be defamatory only if it is false in nature.

Elements a of defamation suit-

• The statement is published
• Statement is about the plaintiff
• Harms reputation of the plaintiff
• The published statement was without any applicable privilege.
• The published statement had some faults.

In this case, the husband will be liable for defaming his ex-wife as the mere demand for DNA test in the court causes injury to her reputation. As per the given information, the statement made by the husband is false.

Hence, If the child proves to be of the husband, he can be held liable for the offence of defamation and punished under Section 500 of the Indian Penal Code.

I hope this solves your query.

Regards,
Archit