Man loses custody battle, son seems youngster of spouse’s lover

  • Nikunj Soni
  • 16-06-2022 06:00 AM

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A custody battle between a man and the paramour of his wife over a 3-year-old boy took an unusual turn following a DNA report that came in favor of the latter. The husband, who was fighting for custody and visitation rights of the boy, believing he was his biological father, broke down in the court and eventually withdrew his petition. The HC had heard the matter earlier and had posted the next hearing for June after the receipt of the FSL report of the paternity test, which was expected to take six weeks.
The woman had left the matrimonial house with her child five months ago and started living separately. She reportedly left behind a letter that mentioned the dispute she had with her husband. She threatened that she would end her and the boy’s life if he tried to find her.
Later, the man filed a habeas corpus petition in the Gujarat High Court through advocates Rahil Jain and Sonal Joshi seeking custody of the boy, alleging that his wife left her matrimonial home without intimating him and others in the family. He also alleged that she had an extra-marital affair with a man who has criminal antecedents.
During the hearing, the woman and her lover, who was made respondent by the husband, denied having any affair. But the husband’s lawyer sought the boy’s custody as he was the biological father.
At that time, the court opined that the custody might be handed over to the biological father, but in a dramatic twist the paramour submitted a paternity test report issued by a private lab claiming that he is the biological father. This, in effect, established the husband’s claim that his wife had an affair with the man.
After the report of the private laboratory was produced, the HC issued an interim order on April 22, with the consent of the parties, asking them to undergo a paternity test in FSL, Gandhinagar. The DNA samples of all the parties were sent to FSL.
His paternity report later concluded that the boy’s biological father was the woman’s lover, and not the husband who fought for custody. The husband had nothing to say, and decided to drop the proceedings after knowing that he was not the biological father of the child he nurtured since birth. The court allowed him to withdraw the plea and gave liberty to the man to initiate appropriate proceedings as he wished.

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