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My husband is saying lie in front of judge that he does not have a child at all. He has got married to another lady and says he has LENT his name to her and her child. He is staying with her and that child and is not accepting truth in the court. However, my husband is insisting that child is not his... all his neighbours in Noida in Sector 26, that lady's parent's neighbours in Sector 37 Noida, his mausi's neighbours in Khanpur in Delhi ....all know that they are married and have a child. If any one of the neighbour could come and say that in the court that can be very helpful and DNA test is the only solution to this issue... ..I wish in our country people could come forward to stand up for the truth and help others in getting justice. If they dont stand for justice today, tomorrow it could be their own daughter's turn to face injustice.. then why not be with the truth today... why to hide truth. How can I convince them to help me and come to the court to say the truth?

2007-05-12 19:29:11 · 6 answers · asked by VA 1 in Politics & Government Law & Ethics

6 answers

I told you in your last question about the process of DNA finger printing test etc, why you don’t move an application in the court where your case is pending to get this test done to clarify the parenthood (both fatherhood & mother hood) of the child whom your husband is denying the genetical father hood. Who told you this you need a witness to justify this fact in the court, just move this request for this test on your cost, the court won't refuse this request as it is the inherent powers with the court to take any steps in order to arrive on any just & reasonable conclusion. In such matrimonial cases outsiders don't agree to appear as witnesses this is a well known fact so no use requesting any of their neighbours, just do as I told you.

2007-05-12 21:45:16 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

He is doing what is best for the children right now. They have a stable home and family. When they are grown and out of the house, and they all agree to do a dna test, then that will be their choice. It is likely that he will lose the children if it turns out that they are not his. This will cause a lot of emotional turmoil for all of you. He loves the children as his own and wants to keep it that way. No one can blame him for that. To them and to him, they are his, and the thought of losing them hurts him so deeply. I would do the same if I was in that situation. Everything should stay the way it is until they are grown, then they should be told the truth and let them go from there. Even with you having children with him, it should not affect that in any way that he does not want a dna test. I am sure all of you, children especially, have become close to the twins....why take someone out of your children's lives for no reason? That would take a negative toll on your children as well. It could really damage your relationship if you keep pushing the issue. Why is it you want it so bad? To get the ex out of the way, to have fewer kids, what? Just accept them as you always have and put the dna test on hold for the years to come. At this age, the children would have a hard time understanding it anyway, and it will cause a lot of pain and suffering on their part as well as everyone else in the family if the test came back negative. He is right on this, he should not get it done yet. Him feeling the way he is now is much better than the heartbreak would be if they were not his. Support his decision and leave things alone for all of your sake. If it comes back that they are not his, then it will cause so many problems that you are probably not ready for. Also, legally, he would be required to report it if he knew for a fact that the children were not his. It is a lose lose situation if he has the dna test done unless it comes back saying that he is the father. Sometimes it is best to just let sleeping dogs lie.

2016-04-01 09:00:14 · answer #2 · answered by Anonymous · 0 0

Your question is not specific as to why are you in the court and what are you trying to prove. Is he your current husband or ex? If he is current, how did he get married to another woman without divorcing you? If on this issue you are asking for a divorce, then ask the court to question the mother of that child under oath. If necessary, ask the court to force them to take DNA tests. Accusing someone fathering a child is one thing and proving it is another. Your lawyer must know some way to tackle this problem. If not, find one that knows the law and is willing to work for his/her client. Since he lives in Noida, he must be loaded with money. We all know, in India, money governs everything. If you don't have resources to cover your expense, try writing to your local papers to write about it, write to your political leaders etc. If that don't work, contact some organisation that is sympathetic to a woman her cause to win justice.

2007-05-13 07:11:43 · answer #3 · answered by Hari Om 3 · 0 0

America and Delhi have two entirely different legal systems. In America you would accomplish this by going to Department of Human Services and force him to take one or pay child support.

2007-05-12 20:36:46 · answer #4 · answered by King Midas 6 · 0 0

Go through the court. If he is right, he should have no problem in taking the test to prove he is only right.

2007-05-12 19:48:04 · answer #5 · answered by gidhedirani 2 · 0 0

Tell him that a huge asset is in stake.

2007-05-13 15:02:38 · answer #6 · answered by Lavgan 4 · 0 0

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