Divorce with DNA test- do i need to specify the biological father


I have applied for divorce on the basis of cruelty and dessertion for five years. I have to ammend the DNA test . My advocate says you have to specify the so and so biological father , but my wife have undergone ivf procedure without my knowledge then how can i specify the so and so? Is it mandatory to provide so and so in amendment? If so logically how this DNA test procedure applies if the husband is unaware about the child birth?

Answers (1)


97 votes

Dear sir,
Since your wife given birth to a child by undergoing IVF procedure as such the name of so and so biological father does not arise. Mention all the facts in the affidavit attached to order 26 rule 10 A of CPC as follows.

10A. Commission for scientific investigations
(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.

PLEASE GIVE ME RATING AS RANK 5


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles