Bombay High Court DNA Test Plea: In a relief to a juvenile, the Bombay High Court has dismissed his father’s plea seeking a DNA test to prove his paternity. The court said that children have a right that the validity of their birth should not be frivolously questioned in the courts.
The Nagpur bench of the High Court observed that the father, despite being in a better position from the point of view of employment, was trying to evade the responsibility of paying maintenance to the poor child by saying that he should first undergo a DNA test.
Justice G. A. Sanap gave this order on 10 March. The petitioner, working in Chandrapur-based Western Coalfields Limited (WCL), was married to a lady of the same company in the year 2006, who gave birth to his son on April 27, 2007.
Father wanted son’s DNA test to pay alimony
However, he left his wife after a few years due to marital discord. Thereafter the woman approached the petitioner for maintenance of Rs.5000 per month, but he refused to give it alleging that the boy was not his son.
The petitioner then challenged the 2021 order of the Chandrapur district court which set aside the JFFC order directing the child to undergo DNA test at the Regional Forensic Science Laboratory, Nagpur. Thereafter, the petitioner approached the High Court and requested for DNA test of the child. Hearing the matter, Justice Sanap said that children have a right that the legitimacy of their birth should not be frivolously questioned in the courts.
Credit: bharat.republicworld.com /