earlier test is against him and when
there is already a DNA test available, there can never be a
need for DNA test over again ... permitted DNA test. There can be no
question of second DNA test, merely because the husband
wants to somehow prove the adultery and to escape
case, immediately, the petitioner filed the divorce
petition on the ground on adultery suspecting her fidelity. While pending ... petition seeking direction, directing
the respondents to undergo DNA Test for the purpose of ascertaining the adultery
of the second respondent herein. Though the petitioner
ground of adultery. The
husband has also filed a petition claiming
maintenance from the wife and a petition for DNA
test of one of their
submits that infidelity could have been proved only by
way of DNA test of 2nd respondent and the second
child and such application was unjustly ... 200191/2019
for subjecting 2nd respondent and the child to DNA
test was rejected by the trial court and he
unsuccessfully challenged that order before
Indian Evidence Act, seeking for a direction to conduct DNA test for the
respondents along with the petitioner herein. The Court below dismissed the
same ... belated stage and it consumes
more time to complete the DNA test. Further, the petitioner can very well
challenge the paternity of second respondent before
conduct DNA test of all the sons of opposite party no. 1 to meet
the ends of justice. It is his submission that the DNA ... DNA test
of the three children have not been conducted and in the divorce
proceeding, he has taken a plea of adultery against his wife
rejection of DNA test,
proposed to be made by the petitioner/husband
disputing with the paternity of child on the alleged
adultery of opposite party ... opposite party/wife, thereby
revealing her consent to go for DNA test for resolving the
issue pertaining to the dispute of paternity of the child
years in Indian Air Force, was asked to
get his DNA Test conducted, followed by initiation of departmental
inquiry, alleging that petitioner was having illicit ... spouse is alive would be an act of amounting to adultery and would
be considered as an immoral act so far as the Indian society
Court rejects an application filed by
the petitioner for conduct of DNA test doubting the
legitimacy of the child.
2. Heard Sri Deepak S.Shetty ... illicit relationship and therefore, the child is not
his and a DNA test has to be conducted. It transpires that
the wife during the cross
instance of appellant/husband, the boy was subjected to
DNA test with consent of the respondent/wife and Ex.C.1 is the
DNA report ... appellant, the boy was subjected to DNA test with the
consent of respondent and the DNA report dated 22.11.2005 is
marked
