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Is it compulsory to take the DNA test ordered by the court
14-Feb-2023 (In Family Law)
hindu - religion Applicant filed 125 maintenance in Magistrate court telling that she married me during 2004 and gave birth to child during 2005. court ordered to pay maintenance Rs 2000 to mother and Rs 2000 to miner child , I filed revision to distinct court, distinct court set-aside the magistrate court order with observation that there is proof of NO MARRIAGE [JUDGEMENT dated: 12-september-2011, in 498(A) AND DP ACT case filed by applicant on me dismissed with observations no proof marriage as well as living together relationship , this is marked in sec 125 case ] and asked the magistrate court to re-look the case after ascertaining the paternity of the miner child. Now magistrate ordered for DNA Test to prove the paternity and court is forcing me for DNA test. Applicant is having 15000/- income from her salary. My back ground; i am a married Man (married during 2002), living with wife and Son in sira town - kanataka,
Yes you will have to comply to the order of the court otherwise you may be held in contempt of court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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If already there is an order for DNA Test, if you fail to comply with the order then adverse inference would be drawn from your act and the court may proceed with the case.
If you are aggrieved with the order passed directing you to go for DNA Test you can very well challenge it before the Hon'ble Sessions Court in an Appeal .
If already there is an order for DNA Test, if you fail to comply with the order then adverse inference would be drawn from your act and the court may proceed with the case.
If you are aggrieved with the order passed directing you to go for DNA Test you can very well challenge it before the Hon'ble Sessions Court in an Appeal .
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Adv. Rekha Bala Subramanian
Bangalore | 25+ Answers
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Dear Sir, First of all Marriage is disputed and it is proved that there is no marital relationship between you and the Applicant (Mother) and also it was proved that there was no live in relationship between you. it seems the Mother might have filed an application for DNA Test in the 125 CRPC Proceedings. if the court has passed the order on that application and directed you to go for DNA Test either you can obey the directions of Court or you can challenge the said order. If the you do not challenge the order you have to undergo for DNA Test to prove the paternity. And it is not clearly mentioned in your query whether she has filed an application seeking directions for DNA Test from Court. it is better to challenge the order passed by the said Court.
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Adv. S Mubarak Begum
Bangalore | 25+ Answers
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