Mumbai: Family court rejects man’s plea to conduct DNA test on sons

  • Charul Shah, Hindustan Times, Mumbai
  • Updated: May 16, 2015 22:27 IST

Taking the delay in filing the petition into account, the family court rejected a man’s plea seeking DNA test of his sons, aged 36 and 28, to establish their paternity and prove that his wife was having an affair.

The court was hearing the divorce petition filed by the man’s wife on grounds of cruelty and desertion.

The couple has three children — two sons and a daughter. The husband, in reply to the wife’s petition, questioned the paternity of their two sons, alleging they were conceived when he was abroad.

“The ages of children are 36 and 28. There is a long period wherein the respondent has kept silent, and has not raised the question of paternity of the children. His long silence itself is sufficient,” the court further observed.

The court observed the husband had not sought dissolution of marriage on grounds of adultery, so a DNA test to decide the paternity is out of the scope of the petition. The court held that such a move will humiliate the petitioner and the children.

If the respondent wants to conduct the test on the children, he will have to make the two men, he alleges his wife was having an affair with, party to the petition, the court said.

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