Orissa HC seeks DNA check to finish paternity row, however provides caveats to guard mum – Occasions of India

CUTTACK: A 15-year-old dispute over a baby’s paternity will lastly see a decision, with the Orissa excessive court docket on Friday permitting DNA testing of the son of a pair — now in the midst of a divorce — after a household court docket had in 2014 rejected the husband’s plea for such a process.
Though the DNA check was ordered solely after the mom agreed to have the process carried out upon her 14-year-old youngster, the excessive court docket has taken be aware of the truth that the husband’s plea may be an try and tarnish her picture, and has included safeguards towards this in its order.
The couple in query married on Could 11, 2005, and the girl gave beginning to a baby six months later, on November 27, 2005, in line with medical information. The husband approached the household court docket in Cuttack in 2006, searching for declaration of the union as void on the grounds that his spouse was pregnant on the time of marriage by an individual aside from him. The case dragged on for years, and, on October 15, 2014, the household court docket dismissed his plea for a DNA check on the kid.
The excessive court docket on Friday overturned the household court docket’s order and stated, “This court docket is of the view that the one method to show such disputes is to have the DNA check.”
“Trying on the nature of the dispute and the required proof, this court docket observes that such presumption can solely be primarily based on sturdy, clear and cogent, passable and conclusive proof. Thus there isn’t a different method to go,” a single-judge bench of justice Biswanath Rath stated, including that the check was to be carried out on the central or state Forensic Science Laboratory on January 22.
“The spouse will accompany the son to the laboratory at 11 am on the date fastened, in a automobile organized at the price of the husband. The petitioner (the husband) shall even be current to have his blood pattern drawn by the competent authority together with the blood of the kid and the spouse. The complete expense of the process shall be borne by the husband. Blood samples shall be drawn in presence of all three concerned. The report shall be submitted to the household court docket inside 10 days thereafter,” justice Rath stated within the order.
The court docket, nonetheless, added, “Maintaining in view that there’s a chance that that is an try and tarnish the status of the spouse in addition to the kid by the husband, he’s directed to deposit a sum of Rs 2,00,000 within the household court docket earlier than the date fastened for drawing blood pattern.”
It additional stated, “Within the occasion the husband succeeds, your entire quantity with curiosity accrued thereon might be refunded to him. Within the occasion the spouse succeeds, your entire sum with curiosity accrued might be distributed equally between her and the son.”