Quote:
Originally Posted by kelvinaili
Sorry to intervene.
Need urgent advice from bros out here..
I am married for more than 2 years and my wife
is into 6mths pregnant.But the baby does not belongs
to me.Confirmed by her gyn and my family doctor
but the way we do not own any flat...
I understand that i am unable to get a divorce as the
marriage is less than 3 years and i am planning to get
a deed of seperation first..but I had some doubt...
1)Do i need to do DNA on the baby in order
to get a divorce later?
2)Do i need to pay her the maintenance
after divorce...
Could bros out there pls advised
Pls get back to me soon...Thanks  |
You need to pay for the baby. Section 114 of the Evidence Act reads:
Birth during marriage conclusive proof of legitimacy
114. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
The "conclusive proof" will defeat your DNA test. This is really for the protection of the child.
Proof of lack of access can be done if you can show e.g. you were not in the country. Alternatively (a little harder) you could show you were both already estranged and living apart.