641+ Lawyers are online 
DNA test amendment with divorce case in bangalore
25-Dec-2023 (In Divorce Law)
Me and my wife was seperated for 5 years. I was married on apr 2013. We had a conflict on on august 2013 since she was staying in her friend house on all weekends.8th dec 2013 my wife asked me to leave the house in bangalore later i came to know she got pregnant and by june 10th a male child was born. and i applied for reunion in chennai court (since we both lived after marriage for 2 weeks) by 2015 for dna test through visitor rights the kid is of my gene but the case prolonged and i wothdrawan the case and applied for divorce on oct 2018 in bangalore. She wasnt appeared for last 2 hearing(total 2hearing happened) my advocate said if she didnt apear for 3rd time i can get x party evidence but in the divorce case dna test is not mentioned , my question is , is it possible to amend the dna test along with petition my advocate says it would take 6-8 months for dna test process. Please help me to get the justice.
Dear Sir,
You can file such amendment petition under order 6 rule 17 of Civil Procedure Code. Further file application for DNA TEST. The principles on which such test depends is described as follows.
Section 112 in The Indian Evidence Act, 1872
112. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
You can file such amendment petition under order 6 rule 17 of Civil Procedure Code. Further file application for DNA TEST. The principles on which such test depends is described as follows.
Section 112 in The Indian Evidence Act, 1872
112. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
