October 18, 2024
Husband’s plea to test child’s paternity refused: Delhi HC
Supreme Court

Husband’s plea to test child’s paternity refused: Delhi HC

Feb 3, 2024

Last Updated on February 3, 2024 by News Desk

On Wednesday, the Delhi HC rejected a plea by a man, who claimed that he is suffering from male infertility known as azoospermia. Due to this reason, he had sought blood samples from his wife as well as children so that he could check the paternity of the child.

He wanted to support his allegations of adultery on his wife.

The division bench of Justice Rajiv Shakdher and Amit Bansal rejected the plea and observed that since the child was born when the couple were together as husband and wife.

The man was given a chance of amending the plaint and he could have introduced the fact in 2020 but the same was not done until 2022.

Further, he then requested the blood samples so that the paternity of the child could be ascertained.

The court said that whether adultery was committed or not can be tested without putting the interests of the child at stake. The same can be an issue of consideration at the trial stage but not to test the paternity.

The court declined the same.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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