Maintenance after divorce - request for Paternity test
07-Nov-2023 (In Divorce Law)
Hindu. I got divorce 2 yrs back. It was contested under mental cruelty and after long struggle x-wife accepted for divorce with maintenance 20k for herself and daughter. It was all agreed and then I did 2nd marriage in same year.Now in 2nd marriage I came to know that medically i have a problem and very less chance to become father, that too after some treatments. I was shocked and we both went into a depression.I got questions on my 1st marriage again. In my previous divorce case I haven't mentioned any adultery as I was under the impression that I was the biological father.Now can I request for paternity test with my reports? I want to stop the maintenance if i'm not the biological father and spend it for my treatment. Please guide me on this.
Paternity test is one thing that courts hesitate to pass orders. It is a bit difficult to get the order in your case. Another point is that it is difficult to ascertain how long you have been having the medical condition. There are several ambiguities and the court will not permit paternity test.
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