Wednesday, January 15, 2020

High Court allows DNA test to determine Child’s Parentage



The Orissa HC has Allowed DNA evaluation in a situation where the husband contested parentage of the child his wife gave birth just once six months & 17 days of the union.
The Court let the DNA test to solve the paternity, and the husband resisted his wife of having a relationship dispute. He had promised he was not their child's father.
The husband had turned following the Family Court, Cuttack into the HC Dismissed his plea to determine their child's paternity. While setting aside the Family Court's order on Friday, the only Judge Bench of Justice Biswanath Rath said, "This Court thinks that the sole test to establish such disputes would be to get the DNA test."
Since the wife was prepared for a DNA test, Justice Rath believed'no more Conclusion between the difficulty could be reached a blood test.' The spouse expressed had willingness for the trial while asserting she got pregnant with her husband to get cohabitation.
While adjusting for running the DNA evaluation of the Kid, Jan 22 Either in the Central or State Forensic Science Laboratory accessible Odisha, Justice Rath in his order stated, "The spouse will accompany the child into the lab at 11 am of the date fixed at the automobile organized at the expense of the husband once the petitioner herein shall additionally be present to have his blood sample to be attracted out from the competent authority in addition to the blood of their kid & the spouse. The husband shall likewise bore the expenses for the process. Blood samples will probably be drawn in existence. The report of this Laboratory will likely be submitted to the Family Court within ten days afterward."
In his order, Rath nevertheless said, "In precisely the same time, keeping in perspective that there's chance of effort of tarnishing the prestige of their spouse in addition to the child involved from the husband, the husband is led to deposit a certain sum of' two lakh at the Family Court before the date fixed for drawing blood sample."
"It is explained that in the event the spouse succeeds, the Entire sum with interest accrued thereon will be reimbursed to the spouse & at case the spouse succeeds, the whole amount with interest accrued will be dispersed evenly among the spouse & the kid included," Justice Rath given in the purchase.
According to the case documents, the union was held on May 11, 2005, and also the kid, according to the Medical Certificate had been created on Nov 27, 2005.
Author- Suvigya Jain Singhi is a Charismatic and energetic legal advisor with eight years of career experience in business and legal environments.

Author- Suvigya Jain Singhi is a Charismatic and energetic legal advisor with eight years of career experience in business and legal environments.



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