Denying the DNA test after the allegation of Adultery cannot lead to the inference of an Adulterous relationship as the conclusive evidence is missing

Admin

3 years ago

Spread the love

The husband had filed a petition before the Patna High Court challenging the order of the Family court, Gaya. The order of the Family Court has inclined towards the payment of maintenance charges of Rs. 6000 and Rs. 2000 every month to his wife and the alleged son respectively through the validity of section 125 of CrP.C. The impugned order also instructed the husband to pay the assigned charges to the son until he hits the age of majority[1].

But the husband did not claim that boy as his son. According to the husband, the boy is not biologically related to him. Therefore, the husband of the wife alleged that she was in an Adulterous relationship. As a result, the Family court asked the wife to commence her DNA test. The wife accepted the same but neglected it later. The husband from such observation realized that the DNA test should lead to an adverse inference, barring her from claiming the maintenance charge[2].

The matter reaches the high court of Patna. The high court considered all the facts of the concerned case and held that it was accepted by the husband that he is in a marital relationship with her wife and their residence is also in Delhi. Finally, the court held that the refusal of the wife to the DNA test is not producing conclusive evidence of her alleged adultery.

The court finally supported the statement under section 125 of Cr. P.C which talks about the grant of the maintenance charge from the husband to her wife. The high court directed the husband to continue with the payment of Rs. 6000 as the maintenance charge to her wife.

Written by- Aniruddh Atul Garg, a student at ILSR, GLA University, Mathura, 2^nd year, an intern under Legal Vidhiya