Husband refuses to marry, son's DNA test will be done!!!
Husband refuses to marry, son's dna test will be done!!!
The punjab and haryana High court has allowed dna test of the adult child to determine the maintenance obligation of the alleged wife after the husband refused to marry. So that the real father of the child can be found out. The wife had said that they got married in 2003 and then had a child in 2005. But the man has denied the marriage. In relation to the maintenance claim of a woman under section 125 CrPC, the punjab and haryana High court has allowed dna test of her adult son to determine his paternity, which will help the court to determine whether any intimate relationship of the nature of marriage existed between the husband and wife or not.
What did the judge say?
According to a report by Live Law, Justice Harpreet Singh Brar said, "This court is of the view that where being termed illegitimate or immoral is not a matter of concern, there is no reason for the court not to rely on reliable and exact science to reach the truth and do complete justice, rather than resorting to conjectures. At the time of making laws like the Evidence Act, science and technology were not as advanced as they are today." The court said that for the law to be relevant and maintain its dynamic nature, it must move with the times and reflect contemporary social realities. Therefore, evidence based on exact scientific testing should be preferred under the law.
The court said, "The results of the paternity test will also be very helpful in ascertaining whether respondent number 2 (wife) is entitled to maintenance under section 125 CrPC or not." These comments were made while hearing a petition by a man challenging a family court order. The woman said that the marriage took place in 2003 according to Hindu customs. A son was also born in 2005. However, the relationship between them deteriorated and her husband (petitioner) allegedly did not even inform his family about the birth of the child. The petitioner allegedly not only denied it but also beat her badly and threw her out of the house. Thereafter, she started living in her ancestral house.