The Bombay High Court has recently released a judgement that a DNA test of a child can be ordered only in exceptional cases to prove his paternity while giving a judgement in a case where a teenager has been asking his father to provide maintenance charges. However, the father had asked him to confirm whether he is his son or not with a DNA test. He was born in 2007, and his mother parted ways from his father in 2009. They got married in 2005, and the husband does not allege adultery charges against his wife. Therefore, the son can request maintenance under section 125 of the CrPC. The court came to the conclusion that his father's request for a DNA test was baseless because he stayed with his wife till 2009. DNA Testing of a Minor Child Can’t Be Used As Shortcut To Establish Infidelity, Says Supreme Court.
Father Cannot Ask Child To Prove His Paternity: Bombay HC
The #BombayHighCourt recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking #DNA testing should be thwarted at the very inception.
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— Live Law (@LiveLawIndia) April 1, 2023
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