My wife and I were married in 2002. I live with her and our son in Sira town, Karnataka. In 2004, a woman filed a maintenance case claiming she married me that year and had a child in 2005. The Magistrate Court ordered me to pay Rs. 2,000 to the mother and Rs. 2,000 to the child. I appealed this order to the District Court, which found no proof of marriage based on a previous case filed by the woman in 2011. The District Court set aside the Magistrate Court’s order and asked them to re-examine the case, including paternity of the child. Now, the Magistrate Court is ordering me to undergo a DNA test to prove paternity. The woman earns Rs. 15,000 from her salary. What are my legal options in this situation?
Best Answer
You can challenge the Magistrate Court’s order to undergo a DNA test in the District Court. You can argue that the District Court already determined there was no proof of marriage, rendering the paternity issue irrelevant. You can also argue that the woman’s financial capacity should be considered when determining maintenance payments.
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