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Divorce with DNA test- do i need to specify the biological father
26-Dec-2023 (In Divorce Law)
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?
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.
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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
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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