Why not? If there is sufficient doubt in the mind of the Husband corroborated by the past incidents of infidelity, then the husband should be given the opportunity to contest the paternity of the disputed child at husband’s own expense. Now, from the DNA Paternity testing, the husband is proven to be the biological father of the child, full force of law must be brought to bear upon him to ensure he shoulders the responsibility of that paternity.
If the DNA Paternity Test clears husband of the biological paternity, then the question of the real biological father must be resolved by the society. Several questions arise regarding that paternity. Who is the biological father? What is the context of that conception? Was the conception result of a forced intercourse meaning “rape”? If indeed the conception was a result of rape, then how does the society ensure the perpetrator of that crime is brought to justice?
These are questions of grave magnitude. The relatively inconsequential inconvenience of performing a DNA Paternity Test pales in comparison to the weighty issues mentioned above. The society must wake up to the issues of paternity and take them very seriously. Society must not allow cunning or powerful men to get away with the rape of a married woman.
Courts in India are on the right track in these matters.
Read the news item below -
A woman fighting a battle for maintenance with her estranged husband will now have to prove the legitimacy of their daughter with a court allowing DNA testing of the child at AIIMS here.
Additional sessions judge Deepak Garg suggested a lower court to pass appropriate orders so that AIIMS medical superintendent could conduct the DNA test “expeditiously.”
The court’s order came on a revision petition filed by the woman against the order of a metropolitan magistrate asking her to bear equally the cost of DNA testing of one of the daughter’s with her husband.
Her husband had raised objections to her maintenance plea questioning the legitimacy of one of their three daughters. Allowing the plea of the woman, ASJ Garg said, “Admittedly, the child has born after marriage of the woman with the man and hence there is a presumption in favour of the legitimacy of the said child. If the father is disputing the legitimacy of the child in question, the entire cost of DNA should be borne by such party, who is challenging the same.”
The husband had disputed the legitimacy of one of their daughters before Metropolitan Magistrate which was approached by the woman for maintenance to her and her children.
