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Legal procedure for DNA test in india


14-Jun-2024 (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. is dna test legal in india ? ,is paternity test legal in india ?
Answers (4)

Answer #1
453 votes

Yes, DNA tests are legal in India and are used for both personal and legal purposes, such as in paternity disputes, inheritance claims, and criminal investigations.

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
921 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.
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Answer #3
589 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 medicaĺ test with some Govt. Hospital.
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Answer #4
509 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.
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