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Allahabad HC rejects woman’s plea for DNA test to prove man she was in a relation with fathered her son

The Indian Express·Bhupendra Pandey·27 days ago
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It added, “It seems that the husband and the other person, both, had simultaneous access. There being a statutory mandate, the child shall be presumed to be the son of the woman's husband.” The Allahabad High Court has rejected the application of a married woman for conducting a DNA test for the determination of the paternity of her minor son in order to seek maintenance from a man she allegedly was in an extra-marital relation with. The woman’s husband separated from her and filed divorce petition after obtaining a DNA test report reportedly disclosing he was not the biological father of the child. A single bench of Justice Nand Prabha Shukla, in a May 4 order, stated, “It is an admitted fact that the child was born during the subsistence of the valid marriage of the couple. Both remained together until the husband separated himself after procuring the DNA test report and filing the divorce petition which is still pending. It is obvious that both had access throughout their marriage.…

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