Can DNA testing be appealed against in a higher court?

My neece was not able to conceive for 5 years after after marriage and was under treatment. Later she happened to come across one of her friend and had sexual relationship with him. Finally she gave birth to a girl child. Her paternity was accepted by her her husband, though his subsequent actions implies that he had some fainted doubts about her chastity. After several months by advice from one of his doctor friends he got the blood group of the baby tested and it was found that the baby's blood group is not that of any possible combination of of him and his wife. Eventually he petitioned for divorce on adultery grounds. The lower court has given judgment ordering a DNA profile of them. Now my question is even though the husband's proximity to his wife is irrefutable, can it be contested in higher court to deny the DNA profiling.

Answers (2)

269 votes

Yes the order of dna test passed by lower court can be challenged before high court because if it is found that order passed by lower court or id court below is found illegal then the aforesaid impunged order can be challenged and u/s397&399crpc you can file a revision application before id.Session judge or the honble high court challenging the order of dna test but if it is upto the discretion of court and after hearing both the parties id session court can set aside the order of dna test.

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77 votes

You know DNA will show the truth. On the other hand, if the husband came to exam Potentiality Test, and result will be came that he is impotent, then what will do. My dear drop the episod and settle the matter amicable it is better for child. If you fight long, then what will the child called in the society. Think for child and take decision,

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