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How to convince court to order DNA test in Divorce


20-Nov-2023 (In Divorce Law)
My wife left matrimonial home on 25th April 2015. From there onwards no physical contact with her. Suddenly on november 2015 she informed me that she is 5th month pregnant. So i filled divorce on December 2015 on adultery ground.. I filled DNA application in court. She delivered baby on 18th march 2016. 1. Means after 321 days desertion (341 days gestational age i.e 11 months 10days), she gave the birth to baby.. 2. I have her pregnancy scanning copies and lab reports. Documents stating that she got pregnant in month of june 2015 and baby is 9 months 10 days baby i.e. normal term baby at the time of ceserean. (10th June to 18th March i.e. 279 days) 3. And also i have audio recordings, stating that both we dont have access to each other from 25th April 2015 onwards. Whether these above 3 points are enough to convince the court and get DNA application allowed (as per section 112 evidence act)...?
Answers (3)

Answer #1
915 votes
Hi Yes you can request the court to get the DNA application filed. However your wife may choose to undergo the DNA test at her own will and the DNA test cannot be forced on the woman. So in the event your wife refuses to undergo DNA test then your allegation would be determined by the concerned Court, by drawing a presumption of the nature contemplated in Section 114 of the Indian Evidence Act, especially, in terms of illustration (h) thereof. Section 114 as also illustration (h), referred to above, are being extracted hereunder: “114. Court may presume existence of certain facts – The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Please refer to Supreme Court of India Dipanwita Roy vs Ronobroto Roy on 15 October, 2014 wherein the court has stated as above and this may be helpful in your case.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRato Hyderabad | 25+ Answers
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Answer #2
764 votes
Whether these above 3 points are enough to convince the court and get DNA application allowed (as per section 112 evidence act)...? And u filled DNA application in court. When u have already filed what is the problem with it deny that the child is yours.
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Advocate Nilesh Narania

Adv. Nilesh Narania

LawRatoHyderabad | 50+ Answers
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Answer #3
779 votes
HI, the evidence you are having is sufficient to prove your case. the documentary and the audio evidences need to prove in the court of law. you can convince the court by adducing the evidence in the court of law in proper manner. it is very difficult to give permission for DNA test as it affect the fundamental and personal rights of the party as opined by the supreme court in number of cases. so courts will defer their decision on the application. for getting divorce your having ample evidence to proceed with the case why your going for DNA test concentrate on adultery and other evidence you have.
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Advocate Sree K Sivakumar

Adv. Sree K Sivakumar

LawRatoHyderabad | 100+ Answers
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