Court Allows Man's Plea For Child's DNA Test To Establish Wife's Infidelity
NDTV
The Kerala High Court answered in affirmative the question before it -- whether a direction be given for DNA test of a child in divorce proceedings to establish the husband's claim of infidelity by the wife without the minor being a party in the case.
The Kerala High Court on Tuesday allowed a man's plea for the DNA test of a child born during the subsistence of his marriage to establish his allegations of infidelity against his wife in the divorce proceedings initiated by him.
The high court answered in the affirmative the question before it -- whether a direction be given for DNA test of a child in divorce proceedings to establish the husband's claim of infidelity by the wife without the minor being a party in the case.
The court said that such a direction can be issued only if the person seeking the DNA test has made out a strong prima facie to support his claims.
In the instant case, the husband had claimed that he was married on May 5, 2006 and the child was born on March 9, 2007, but as he was employed in military service, he had left for Ladakh 22 days after the wedding.
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