Legal Question in Family Law in India
Divorce case
I have filed for divorce because of cruelities ( threat to commit suicide, forcing me to leave my parents, goes to her parents house without my will, and stays atleast 6-7 months there ) of my wife and her parents. she is at her parents house for last 1 year and doing job. now she wants to live with me but she doesn't feel any guilt that she did harassment to me. i have a child also. Now, i dont want to live with her anymore. Infact, i loved her very much but i dont have any feelings for her now. she had cheated me as i came to know about her affair (pre-marital as well as post-marital) with her boyfriend. she filed maintenance case u/s 24. what should i do? can i request for DNA test in the court.?
4 Answers from Attorneys
Re: Divorce case
Going for DNA test is legal but it is very unsocial unless your strong evidence which will prove your allegation. Your feelings toward here shows that there is, still, hope, although you have denied, for reconciliation. Don't go to extreme, but try to reconcile and avoid to blame her without having any sufficient proof.
Re: Divorce case
If proved otherwise in DNA test it may harm your case.
Re: Divorce case
If it is proved then it is fine or else it may affect your credentials to the case.
Re: Divorce case
You may insist for DNA test ONLY if you are sure that child is not yours; otherwise, it may recoile on you and you may never get divorce; if your allegation is proved false, that may amount to a serious 'cruelty' by you upon your wife justifying her entire past behaviour.
If your income is sufficient, you should better start payment of maintenance for your wife and the child.
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