LawRato

Paternity test request via court


03-Dec-2025 (In Divorce Law)
My wife has filed a divorce case. I have a private paternity test result showing I am not the father of the child. But no proofs regarding her affair. We were living together. With these conditions will court accept my request to take a paternity test.
Answers (2)

Answer #1
687 votes
Dear Client.... based on your query my legal point of view... If you and your wife were living together during the time of conception, the law presumes you are the father of the child. the presumption is very Strong but you can challenge via DNA test... your private test cannot be treated as evidence.... need further more clarification or doubts please call me E. Iyappan Advocate thank you...
Helpful? LawRato LawRato
Answer #2
735 votes
Dear Client, 1. Yes, the court can allow a paternity test if you show a genuine and bona-fide reason to doubt the child’s paternity, even if you have no proof of your wife’s alleged affair; although your private DNA report has no legal value on its own, it is sufficient to show initial doubt, and the Supreme Court has held that a court-ordered DNA test may be permitted when paternity is seriously disputed and the test is necessary for a fair decision, so you may file an application in the divorce case requesting a court-supervised paternity test, and the judge will decide based on the facts, cohabitation history, and whether your request is reasonable and not intended to harass the wife. 2. Consult an advocate to discuss your case in brief. 3. You may schedule an appointment regarding your case by phone or email at your convenience. Thanks & regards, Priyanka Advocate Coimbatore
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."