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  • SC says No to DNA test, approves divorce

    November 02, 2016

    In a swift intervention, the Supreme Court dissolved an acrimonious marriage in a single hearing itself, ending the misery of an estranged IAS couple, where the husband had accused the wife of adultery.

    A bench of Justices Dipak Misra and Amitava Roy recently granted divorce to the couple, refusing the husband's plea to conduct a DNA test on his daughter.

    The SC's direction came after it realised that both parties want to live separately and no claims for maintenance were pending. It was hearing an appeal by the husband against a Delhi high court verdict declining his plea for a DNA test. The bench also ended cases slapped against each other by the feuding couple, whose plea for divorce by mutual consent was till then pending in a Delhi court.

    "The marriage stands dissolved. In view of the judgment and order passed today, all civil and criminal proceedings pending in all courts shall be deemed to have been disposed of. The name of the child in the school register shall be maintained as it is today," the apex court said.

    In addition, the SC handed over the custody of the child to the mother but prohibited her from claiming maintenance or a share in her husband's property for her or her daughter. The apex court also ruled that the husband too can't claim any right under any law against his wife.
     
    "The husband shall not claim at any point of time custody of the child or any right of visitation," the bench further directed, upholding the Delhi HC order.

    In August, HC had set aside a trial court order directing the couple's daughter to undergo a DNA test to ascertain her paternity after the husband claimed that the child was not his.

    HC settled the question of child's paternity and legitimacy and rejected the allegations of adultery against the wife while declining the husband's application for DNA test.

    OUR TAKE

    The decision has been made in the best interest of both the parties. The marriage was in any way not going to sustain since an element of doubt had crept in. The SC’s decision to give the rights of the child was expected but why the refusal for the DNA test, we really have no clue. The main objective was to dispose off the case. 


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