I am father of my sister-in-law's child: Mother denies claims in custody dispute, Delhi HC orders DNA test

New Delhi: The Delhi High Court has ordered a DNA test to determine the biological father of a minor child, following a custody dispute initiated by a man claiming to be the child’s father. The petitioner, who is the brother-in-law of the child’s mother, has sought custody. The High Court's direction came after the child's mother categorically denied the petitioner’s claim. The court has scheduled the next hearing for October 14.

The bench of Justice Pratibha M. Singh and Justice Amit Sharma ordered the DNA test, stating that the matter required clarification regarding the child’s parentage. “Since the mother has denied that the petitioner is the biological father, the Court deems it appropriate to conduct a DNA test to ascertain the truth,” the bench noted.

Child's education with petitioner's family

The court also noted the mother’s statement that she had allowed the child to stay with the petitioner and his wife, the child’s paternal aunt, purely for educational purposes. The mother firmly rejected the claim that the petitioner was the child’s father. In addition, the child testified that he has lived with the petitioner and his wife, referring to them as "Bade Papa" and "Badi Mummy."

DNA test procedure ordered

The court has directed the petitioner to provide a DNA sample at Babu Jagjivan Ram Memorial Hospital in Jahangirpuri, Delhi, on September 30. The child will also be present for testing at the same hospital. The samples will be sent to FSL Rohini for analysis, with the report to be submitted before the next hearing.

Until the court reaches a decision, the child will stay at the Alipur Children's Home for Boys in Delhi. The petitioner is allowed daily one-hour visits. This directive comes in response to a habeas corpus petition filed by the petitioner, who claims to have two children with his sister-in-law and is seeking the custody of his younger son.