If husband and wife stayed together when child was born, there is no ground for DNA test: Kerala High Court

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Published September 22, 2023 at 4:26am

Update September 22, 2023 at 4:27am

    Sujith and Vinaya stayed together in Oman for 3 months in 2005

    Sujith claimed that they did not have sexual intercourse as Vinaya was mentally unstable

    Vinaya claimed that DNA test was sought to avoid paying maintenance

The Kerala High Court dismissed a petition filed by Sujith Kumar requesting for a DNA test to determine if his son was born out of a wedlock with his ex-wife Vinaya V.S. The child was born in February 2006. The couple had stayed together in Oman between February 2005 and May 2005. The husband however claimed that the wife was mentally unstable during the period and they did not have sexual intercourse. The wife however denied getting a DNA test claiming that this was being asked to avoid paying maintenance. 

“Only when the court finds it impossible to draw an inference based on such evidence or the controversy in issue cannot be resolved without a DNA test, it may direct the DNA test and not otherwise. To put it differently, only in rare and exceptional cases of deserving nature, DNA test or any other scientific test become indispensable to resolve the controversy,” the judgement read. 

“If a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried,  it shall be considered conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten,” the judgement specified. 

“While directing DNA tests as a means to prove adultery, the Court is to be mindful of the consequences thereof on the children born out of adultery, including inheritance-related consequences, social stigma, etc,” the judgement emphasised. 

 

If husband and wife stayed together when child was born, there is no ground for DNA test: Kerala High Court

https://newsfirstprime.com/wp-content/uploads/2023/09/BeFunky-collage-2023-09-22T095522.320.jpg

    Sujith and Vinaya stayed together in Oman for 3 months in 2005

    Sujith claimed that they did not have sexual intercourse as Vinaya was mentally unstable

    Vinaya claimed that DNA test was sought to avoid paying maintenance

The Kerala High Court dismissed a petition filed by Sujith Kumar requesting for a DNA test to determine if his son was born out of a wedlock with his ex-wife Vinaya V.S. The child was born in February 2006. The couple had stayed together in Oman between February 2005 and May 2005. The husband however claimed that the wife was mentally unstable during the period and they did not have sexual intercourse. The wife however denied getting a DNA test claiming that this was being asked to avoid paying maintenance. 

“Only when the court finds it impossible to draw an inference based on such evidence or the controversy in issue cannot be resolved without a DNA test, it may direct the DNA test and not otherwise. To put it differently, only in rare and exceptional cases of deserving nature, DNA test or any other scientific test become indispensable to resolve the controversy,” the judgement read. 

“If a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried,  it shall be considered conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten,” the judgement specified. 

“While directing DNA tests as a means to prove adultery, the Court is to be mindful of the consequences thereof on the children born out of adultery, including inheritance-related consequences, social stigma, etc,” the judgement emphasised. 

 

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