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Is it legal to do a DNA test without court permission


09-Jun-2023 (In Divorce Law)
Sir I have done a DNA test without court permission and I get to know that my son is not my son. My wife has many affairs. Even she make false Complaint against me and my parents. I show the DNA report to caw cell but they are saying that I have done a DNA test without court permission so it's illegal. Please help me.
Answers (6)

Answer #1
360 votes

Yes, DNA testing is legal in India. DNA testing can be used for various purposes, including paternity/maternity testing, establishing biological relationships, and identifying individuals in criminal investigations. It can be used as evidence in legal proceedings.

It is important to follow the legal guidelines when conducting a DNA test. In terms of the legal procedure for conducting a DNA test in India, it is generally done in the following manner:

  1. Consent: The consent of all parties involved is typically required before conducting a DNA test. This includes the person from whom the sample will be collected, as well as any other parties whose DNA may be involved in the test.

  2. Authorized laboratories: DNA testing must be conducted at authorized and accredited laboratories. These laboratories should have the necessary expertise and equipment to perform accurate and reliable DNA tests.

  3. Court order: In legal cases, such as paternity disputes, criminal investigations, or other matters where DNA testing is required, a court order may be necessary. The concerned party can approach the court and request a DNA test. The court will evaluate the merits of the case and issue an appropriate order.

  4. Sample collection: DNA samples are collected from the individuals involved, typically through non-invasive methods like swabs from the inner cheek. The samples are then sent to the authorized laboratory for analysis.

  5. Laboratory analysis: The laboratory analyzes the DNA samples to determine the genetic information and compare it between individuals. The results are interpreted and reported by the laboratory.

  6. Expert testimony: In legal proceedings, the DNA test results can be presented as evidence. The laboratory may provide expert testimony to explain the results and their significance.


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Answer #2
660 votes
Hey,
You can take appropriate actions against your wife.
Adultery is a ground for divorce itself.
There are legal remedy available to you.
Feel free to have a word with me for more information.
All the best.
Answer #3
947 votes
DNA test is just a other medical test and you can produced before the Court, but if other party have any doubt he can challenge it. Then Court will direct to conduct medica─║ test with some Govt. Hospital.

Answer #4
582 votes
Section 112 of Indian evidence act conclusiveness of the legitimacy of the child born out of wedlock. You and your wife were living together during the time of conception of child. But the DNA test revealed that child was not born from husband. The conclusiveness in law would remain irrefutable because courts have always desisted on the basis of a slander material which will have the effect of branding a child as bastard and mother as unchaste woman.
Answer #5
426 votes
In India, conducting a DNA test is legal, but it must be done following the established legal procedures, especially when it involves issues like paternity disputes or other legal matters. Here's what you need to know about the legality and procedures for DNA testing in India:
  1. Legal DNA Testing: DNA testing can be legally conducted in India, but it typically requires the permission of the court, especially in cases involving paternity disputes, child custody, or matters related to inheritance.
  2. Court Permission: To conduct a DNA test for legal purposes, you need to approach the relevant court and request permission. This is often done by filing an application explaining the need for the DNA test and providing a valid reason for it.
  3. Types of DNA Tests: DNA tests in legal cases usually involve paternity testing, maternity testing, or establishing familial relationships. The court will decide which type of test is relevant to the case.
  4. DNA Testing Centers: The DNA test is usually conducted at authorized and accredited DNA testing centers in India. These centers are equipped to handle legal DNA tests and ensure the accuracy of the results.
  5. Court-Ordered DNA Test: In some cases, the court may order a DNA test without the need for a separate application, especially if it believes that the test is essential to determine a legal matter.
  6. Cost of DNA Test: The cost of a DNA test in India can vary depending on the type of test and the testing center. It's essential to inquire about the costs before proceeding.
  7. Confidentiality: Legal DNA testing is conducted with strict confidentiality, and the results are usually shared only with the court and the parties involved in the case.
  8. Legal Representation: It's advisable to consult with a lawyer who specializes in family law or the specific legal matter at hand. They can guide you through the process, help you file the necessary applications, and represent your interests in court.
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Answer #6
202 votes
A legal DNA test must follow the correct chain of custody in order to be admissible before a court. The sample collection must take place in the presence of the court representative or the judge.
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