somaiah chatragadda
Asked August 17, 2016

Can I get a DNA test?

  • 1 Answer
  • 211 Views

sir my mother is a married one person .but she is separated after marriage with in a one month. before she was affair with another person. he is married person her name is chatragadda sreeramulu. both are staying in separeted in my village . after two years i was born in 1981 .my name is ch.somaiah.we are all staying fifteen years . my father is not coming to my home . he is staying in my village in first wife and their children .he is railway employe.my mother and i styaing separetly. at age of 16 years in my studies my mother petition in court .But no proof from my side .only one proof from my side .the proof is he is sign in at the time of admission in my school in 6 th class. my father and their brothers all are 3 . my name also my grand father name is same .but he is not accept me . my mother is illiterate. in the court my father submitted my mother first marriage certificate. but my mother and first married person agreed in village pachayathi .the court is accept my father submitted marriage certificate. the court is not declare clearly who i am . so please advice me for DNA test prosses.

Answer 1

DNA analysis and proof of paternity can be ordered by the Courts.

However, the Court exercise such a power if the applicant has a strong prima facie case and there is sufficient material before the Court. If, despite the order of the court, the other party refuses to submit himself to medical examination, the court is entitled to draw an adverse inference against him. (that is, the Court can declare that the party in question is the father.) [1]

Before ordering for such a test, the Court weighs all "pros and cons", studies the evidence submitted, and must satisfy itself if the "test of `eminent need'" for such an order, is fulfilled.[2]

The Supreme Court, recently held[3] that a "paternity" action by the son or daughter of a person, claiming the defendant to be his or her biological father, filed in Court, particularly after the plaintiff attains adulthood is allowed[4]. You are an adult now, so there is a high probability that your suit will be successful. However, please note that you must have strong evidence to show that there is a strong possibility of this person being your biological father.

Moreover, the Court held that the Hindu Adoptions and Maintenance Act, 1956[5], the Criminal Procedure Code[6], 1973 and the Family Courts Act, 1984[7], can be read together with a child’s right to knowledge about her or his natural parentage, and the Court can order the party in question to undergo a DNA analysis.

Thus, talk to your lawyer, mention the above provisions which make your case stronger. Add all the evidence you have in your favour. Thereafter, approach the Court, seeking a declaration that this person is your biological father, during which you can approach the court to order the person to undergo DNA analysis to prove the same.

 

 

[1] Goutam Kundu vs State Of West Bengal And Anr. 1993 AIR 2295; Available at https://indiankanoon.org/doc/1259126/

[2] Bhabani Prasad Jena Etc vs Convenr.Sec.Orissa S.Comn. CIVIL APPEAL NOS. 6222-6223 OF 2010; Available at https://indiankanoon.org/doc/43471013/

[3]  Shri Rohit Shekhar vs Shri Narayan Dutt Tiwari & Anr. FAO(OS) No. 547/2011; Available at https://indiankanoon.org/doc/170781909/

[4] And not obstructed by Section 112 of the Evidence Act.

[5] The Hindu Adoptions and Maintenance Act, 1956 provides for maintenance of illegitimate children under Sections 20, 21 and 22 of the Act.

[6] Under Section 125, the Code of Criminal Procedure enacts an "umbrella" provision that imposes a legal duty upon a person to provide maintenance for his children, irrespective of whether such child is legitimate or otherwise

[7]  Section 14 of the Family Courts Act, 1984 says that if any evidence which would otherwise not be relevant/admissible under the Evidence Act, assists the Court, may be both relevant and admissible in such proceedings. Therefore, while the presumption under Section 112 of the Evidence Act renders the results of such tests futile as to the legitimacy of the child, the relevance of such tests cannot be disregarded, in regard to matters and disputes covered by the Family Courts Act, and triable under it. 

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