Adultery in the case of ART - ART used for married woman with
the consent of the husband does not amount to adultery on the part ... course of final arguments, the plaintiff has also placed
DNA report (photocopy) of parentage testing procedure report and birth
certificate of baby boy, the same
also not entitled to
any maintenance as she has been living in adultery since July
1999 and gave birth to child/respondent No.2-herein ... appellant. The
appellant-herein has also filed an application for conducting
DNA test of the child Nikhil Kumar / respondent No.2-herein.
The appellant
Indian Evidence Act seeking direction for conducting DNA
test to ascertain the paternity of minor male children born during
subsistence of wedlock namely Master Aman ... also.
Ld. Counsel for appellant further argued that direction for conducting
DNA test to ascertain the paternity of both minor male children is
necessary
power while deciding matrimonial matters to
order a person to undergo medical tests which can not be held to be
in violation of the rights ... only when he
succeeds in establishing the same can the DNA test be directed.
The appellant/Husband in my opinion has so far miserably failed
consider that respondent no.2 is living with
another lady in adultery and that Ld. Trial Court ignored the documents of
both children namely Deepanshu ... paternity of the children, which can be verified by conducting DNA
test.
6. In brief, the relevant facts for disposal of the present appeal
that time, the petitioner was
pregnant and the respondent made allegations of adultery
against her. She further said that she had made a complaint ... respondent questions her character and
wants that she should get a DNA test done. On the direction of
the court, the petitioner placed on record
petitioner also submitted that the petitioner
moved an application for DNA test in respect of respondent No.3, master
Ansh which was dismissed by learned ... Delhi, which was allowed and direction has been
issued for DNA test of respondent No.3 at All India Institute of Medical
Science vide order
handwriting expert as well as also sought for conducting the
DNA test for his daughter for which the respondent shall have to take
steps during ... amount of maintenance received from the respondent
if the allegations of adultery are proved against her.
6. With respect to the quantum of maintenance granted
revisionist before this court itself, direction was given for conducting DNA
test of the children and revisionist. However, the report given by FSL is
ambiguous ... directions given
by this court in another appeal preferred by revisionist, DNA test for
determining the paternity of the children was conducted by FSL Rohini
Roop Chand Jayant vs Ram Chand on 19 July, 2025
Roop Chand Jayant & Ors
