The High Court of Kerala has approved DNA test for a child in relation to a divorce case. A division bench comprising Justice Mohammad Mushtaq and Justice Kauser Edappagam allowed DNA testing request for a petitioner who alleged that he is not the father of the child.
The man filed for divorce citing his wife’s betrayal and alleged that the father of the child is the husband of his wife’s sister. However, the allegation that he is not the father is not prima facie valid and the court thereby directed the plaintiff to conduct DNA testing. The plaintiff has approached the high court after Family Court denied his request for DNA testing.
The petitioner was married on May 7, 2006 and a child was born on March 9, 2007. The petitioner was in the army and went back to work on the 22nd day after marriage. Meantime, the plaintiff had stated that he had not had sexual intercourse even once with his wife during the period. The plaintiff also produced in court the doctor’s report saying he could not have a child because of infertility.
The family court had earlier directed the father to appear for DNA examination in a petition filed by the woman seeking alimony from her husband. But the court also noted that he failed to appear on the date.
The High Court accepted the petitioner’s request and the DNA testing will be conducted at the Rajiv Gandhi Center for Biotechnology, Thiruvananthapuram.
Discussion about this post