Paternity Fraud is a growing crime in the world. It is not only a crime against the husband but it is also a crime against the child. In connection with a case, where the husband has collected some audio and SMS proof of his wife’s adultery and related paternity fraud; I went to a private forensic lab to know the testing and verifying procedure and the kind of report they will give.
This is a very reputed private lab with headquarter in Hyderabad and branches in Mumbai, Delhi, Bangalore, and Chennai.
As soon as I found that they have a DNA paternity test facility, I became interested to know the process of DNA test,. I knew that their report is valid in all courts in India and to help this victim, I thought of understanding the process of DNA paternity test.
The lady executive (young and married) clearly told us that they would not conduct DNA paternity test of any baby without the consent of the ‘Mother’ as it is illegal in India to conduct a DNA test without mother’s consent.
Immediately I wanted to understand her perspective on the law. She said, “since the father is already saying he is not the biological father of the child, later he will not take any responsibility of the child, and hence the mother will sue them saying when the father himself was saying he was not the biological father how could they conduct the test without mother’s consent”.
I said, “but the father is the guardian of the child and hence he has the right to know the paternity and if he doubts that his wife has cheated on him, he has the right to know the truth so that he can go to the court for justice.”
She replied that “when the father himself is saying he is not the biological father, he is not the guardian then mother becomes the guardian. And they can’t do any DNA test without the consent of the guardian.”
Then I explained that in Indian marriages a husband is always considered as guardian and that is why he is supposed to pay maintenance to the wife and child. Even if the wife is adulterous until a court of law decides otherwise.
She didn’t agree and continued to give the same reasoning and an argument started. I said, – “then you are saying the wife is given a right to cheat on her husband and husband has no right to know whose child he is maintaining.” She got irritated and continued to defend herself.
I know a supreme court judgment defining when the paternity test can be ordered by a court. It can be done only if it is in the best interest of the child. No court can declare a child ‘bastard‘ and hence when either the child claims someone as his father (famous N D Tiwari case) or when the mother comes to the court asking for paternity test claiming someone as the father a court shall give the order to conduct a DNA paternity test.
This means any woman at her convenience, can ask for a paternity test or deny/hide paternity test. Suppose she is cheating on a husband who is very good-natured, wealthy and takes care of her and her baby, she will deny the test. Similarly, when her paramour is a famous person, wealthy or well to do compared to her husband she will demand a paternity test and the same will be done.
A matter of concern for all men is, in this whole process of DNA paternity test the husband is the one who will continue to be cheated throughout his life. As if he has made the biggest crime by unknowingly marrying a prostitute.
When, SMS, E-Mail, phone records, video records or neighbor’s statement nothing is enough to prove adultery, which needs to be proven beyond reasonable doubt (this is a quasi-criminal offence meaning, the complainant needs to prove his case beyond reasonable doubt but no punishment happens to wife); I wonder how the hell any husband can prove this adultery. There is absolutely zero provision in law to prove prostitution by the wife. Proving her having sex with someone else behind closed doors is just next to impossible without a valid DNA report of the child.
With husband failing to collect any valid DNA test report; no organization conducting DNA paternity test without the mother’s consent, the husband is denied justice under Indian adultery and paternity laws. Even by proving infidelity he doesn’t get any respite. The wife doesn’t pay him maintenance (rather she gets maintenance) and many times the poor fellow still has to maintain the illicit child of his wife.
Under these circumstances, the Mutual Consent Divorce (MCD) seems most logical for any husband. But when the wife knows that the poor husband has no means to prove the charges against her, she demands huge money to settle the matter. Eventually, husbands will continue to be robbed of their hard-earned assets irrespective of the conduct of this ‘Abala Naris’.
If the husband commits suicide due to this, the wife still enjoys his property and may throw out his parents from their own house and enjoy her life.
This leaves no doubt why crime (suicide, murder) in adultery cases are increasing. Husbands having no provision to get justice under any of the existing laws murders the wife and the child and then commits suicide. Three lives lost for one person.
As a nation, if we don’t realize the real problem and punish adulterous wives suitably, or levy penalty on them we will continue to see these murders and suicides happening. Most heartbreaking is murders of the children for this. These kids won’t even know why without committing any crime their lives are taken away. Since the husband will never have any concrete proof of her adultery, he will never be able to file and win a divorce case under adultery and get divorced. More worrying is all such divorces will still be decided as MCD and will be recorded as MCD in govt. records.
A problem will soon crop up for men getting married to such a girl. If it is anyone else other than her paramour, he will again have the same fate and will go through the same cycle before he can separate himself. This amazing cycle continues for the wife and she gets rich with every marriage.
Therefore, there is an urgent need for us to make our adultery law gender-neutral, punish errant women and make DNA test mandatory on every childbirth at the hospital itself on demand of either parent. Otherwise, with increasing adultery in our society, we will only see increasing paternity fraud, increased husband suicides, and murders. All these murders will still be reported in media as..” Suspecting wife’s fidelity, man murders wife”…always it will be ‘suspecting‘ as getting concrete proof of adultery and paternity fraud is not possible.
Everything you need to know about adultery
Wasn’t aware of the DNA test of the child. Good info. And of course a very nice article.
Really a good article . Keep it up.
Thanks Dr Das…hope to get your comments on my other articles as well..
Eye opening article Partha.. good analysis…. in-depth knowledge of current state of law…. hope the laws are made gender neutral.
Thanks Rama..keep commenting on my various articles..
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I am a victim of Paternity Fraud based in India and still fighting all the odds like 498a/406/506(ii), DV and Divorce as well. All i can say is its really tough to accept the fact that in spite of having a DNA Report confirming “Exclusion” from paternity, u r still a victim to our Legal system in India.
First, U lose ur belief, then an innocent child whom u believed to be ur son, then ur family, then ur job and if the worst prevails, also ur house.
God save us….
Good work on a great blog
[…] beyond reasonable doubt like criminal cases but punishment is low. In case of paternity fraud only DNA test is a good evidence but the DNA test needs to be done from a govt. approved lab on judgement of a […]
Who is the most dangerous man in the world? a man who has lost everything. Because a man with nothing has nothing to lose.
Did you inform her husband what her attitude was?
[…] the test. Since a in our patriarchal society a father is not given the opportunity of getting DNA test done for his own child to confirm paternity, even if one has slightest doubt in one’s mind that […]
it’s high-time that women started being prosecuted for paternity entrapment/fraud.
my story here:
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I don’t see any link to your story.