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Applicability of Section 112 of Evidence Act
17-Jul-2023 (In Divorce Law)
Iam male married 2.5 years back.wife denied sexual relationship and continued cruelty. She used to stay in matrimonial house for 1-2 weeks , for 3 instances. She returned to matrimonial house after 6 months , stayed for 2 months and doctor confirmed 2.5 months pregnant. I had a paternity test (peace of mind test) which is not for legal purposes in which, confirmed that iam NOT biological father. Cohabitation exists, Non access to wife cannot be proved.please advise.
Are you looking for a Divorce ?? because you not being a biological father will be an evidence and a ground for divorce. And also that you have not consummated the marriage in this instance. Let me know.
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Adv. Varun Papireddy
Bangalore | 100+ Answers
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The rule of access an non access to wife were inserted in evidence Act at a time when medical evidences like that of DNA were non-existent. Now you can use DNA test for proving you are not the biological father despite having access to your wife.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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