My wife demands maintance for caring child

575 votes

Under Indian law, a husband cannot demand a DNA test merely based on suspicion. However, if you have substantial grounds to doubt paternity arising from prolonged separation and lack of matrimonial cohabitation, you may approach the Family Court and seek a direction for a DNA test. Paternity is governed by Section 112 of the Indian Evidence Act, which presumes legitimacy of a child born during lawful marriage, unless it is proved that there was no access between husband and wife at the time of conception. Therefore, your application must clearly show: 1. Long period of separation 2. No physical relationship during the relevant period 3. Timeline of visits and absence of cohabitation If the Court finds that your request is genuine and essential for deciding issues like maintenance, custody, or divorce, it may order a DNA test. Courts do not grant DNA tests casually, as they affect the dignity and status of the child. Do not sign mutual divorce or agree to any one-time settlement until the question of paternity is legally addressed. Once the truth is established through the court, your rights and liabilities will be determined accordingly.

Advocate Pavani Kumari LawRato

882 votes

You can apply for a paternity test through a court order, as DNA testing for paternity is generally done only with the direction of a Family Court or a competent court. To proceed, you need to file a petition before the Family Court stating the facts of your marital history, the long periods of separation, and your doubts regarding the child’s paternity, and request the court to order a DNA test. The court will evaluate your reasons, and if it finds the request justified, it will direct both you and the child to undergo the test at an approved forensic laboratory.

Advocate Harikrishna Kudikilla LawRato

528 votes

in recent supreme court judgement the court observed that if wife had child with out the consent of husband since there is a husband wife relationship is still persist the husband had to pay the maintenance to child. so even if yougo for paternity test even the court declares that the child is not yours you may get a divorce.

Advocate Katla Vijaykumar LawRato

593 votes

Yes we can go through legal remidies in your case there are lot of questions interrupting so after discussing we both will finalise the issue. If you want I’ll assist you in this case. Kindly provide necessary documents

Advocate Rajesh Kongali LawRato