Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court
Case: X v. Y
Coram: Justice GA Sanap
Case No.: Criminal Writ Petition No. 66 of 2022
Court Observation: In this case, the father, who is gainfully employed, is trying to avoid his liability to pay the maintenance to the unfortunate child. In order to deny the right to get maintenance, he has been asking the son to undergo the DNA test. In my view, keeping in mind the cascading consequences that could ensue, the Court should in every possible manner thwart such an attempt at the very inception. The order directing the DNA test in such matters must be need-based and has to be passed in an exceptional case “The children have right not to have the legitimacy questioned frivolously in Courts of law. The DNA test cannot be ordered on the assumption that the mother, who equally knows the truth about the paternity, should not hesitate for a minute to come forward and express her willingness for the DNA test. It is to be noted that, in such a matter, the child is on test and not the mother. Therefore, in such cases, the absolute need and necessity for such test, to adjudicate upon a serious issue, must be made out”
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