MP High Court Allows Husband's Plea for DNA Test to Prove Fact of Wife's Adultery
The husband pleaded that he is in the Indian Army and he was called in October, 2015 by his wife, who was a constable in the Madhya Pradesh police.
Bhopal: The Madhya Pradesh high court has upheld a family court’s verdict granting the plea of a man to conduct a DNA test to prove the fact of his wife’s adultery.
Delivering the judgement in the case, the single bench of Justice Vivek Jain observed that “There is clear pleading of non-access at the time when the child was conceived”.
The court further noted that “Therefore, in the considered opinion of this court, it is a fit case where DNA test of the child should have been ordered by the Family Court and the Family Court has not erred in ordering DNA test of the child”.
The case relates to a divorce petition filed by the husband on the ground of adultery of his wife and the DNA test of the child was sought ‘only to prove the fact of the adultery of the wife’.
The husband pleaded that he is in the Indian Army and he was called in October, 2015 by his wife, who was a constable in the Madhya Pradesh police.
Within four days, the wife announced that she was pregnant and had conceived a child.
It was argued that the pregnancy could not have been known to the wife within four days of the husband returning from his duty in the army and there was also a clear pleading of non-access at the time when the child was conceived.
The bench hence dismissed the petition filed by the wife challenging the grant of permission by the family court to conduct a DNA test to prove the fact of her adultery.