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When mutual divorce application filed .at the 1st hearing (motion) thi


07-Dec-2025 (In Divorce Law)
Child is born to me or not .so can I ask a court to do DNA test at 1st hearing that child is mine or not.court do DNA TEST OR NOT.
Answers (3)

Answer #1
506 votes
According to your question you can do if you want I’ll assist in this case. But I need full of information regarding case. Without proper knowledge I cannot suggest you. So kindly send the proper information take suggestions from me
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Answer #2
663 votes
your are going to file a case for divorce why you want DNA of the child...is your grounds for divorce is your wife's illegal relationship if so you can ask the court to direct for an DNA test but generally in the process of evidence this issue can be raised by a memo
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Answer #3
706 votes
In matrimonial and paternity disputes, the court is empowered to order a DNA test, but it is not an automatic right at the very first hearing. You may certainly file an application seeking a DNA test if you genuinely dispute the paternity of the child, but the court will allow such a request only when you establish prima facie grounds and demonstrate that the test is essential for adjudicating the issue. The Hon’ble Supreme Court has held that a DNA test cannot be directed in a routine manner, as it involves serious implications on the legitimacy and privacy of the child. However, when paternity is specifically challenged and no other conclusive evidence is available, courts do permit DNA testing to arrive at the truth. Therefore, you can request the court for a DNA test, but whether it will be granted depends on the facts of your case, the pleadings, and judicial satisfaction that such a test is necessary to decide the matter.
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