If prostitution gets pregnant she can seek child support from your friend
2) A person can now be physically compelled to give a blood sample for DNA profiling in compliance with a Civil Court order in a paternity action.
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DNA testing if prostitute get pregnant and child support
In an incident my friend visited one brothel in India one night. He was fully intoxicated. He had a sex with one prostitute. He used protection (condom)during the intercourse. After the event my friend suddenly found that the prostitute had the access of his aadhar card which was in his money purse. The prostitute immediately took a photograph of his aadhar card from both sides including the address of my friend. That was their first meet and last meet also. The question raises here is as the prostitute has access of my friend's detail, considering the worst case scenario, if the prostitute gets pregnant in future with my friends semen (considering the condom broke in between event) and give birth to a child. Lets consider she comes to my friend ( as she has the address detail of my friend from aadhar card), ask for the child support and maintenance for her also. Then how to tackle this situation and the case. How valid and strong will be this case? My friend is married and having one child. He doesn't want to destroy his family life and wants to live happily. If prostitute approache a court, then will the court give permission to grant for a DNA test of my friend? The main point is how to escape from this critical situation just because of one bad decision taken by my friend that night in drunken state? Can ever a prostitute file for a child support because she has several customers but the doubt raises as why she has taken the photographs of my friend's aadhar card. Can a single time meet woman approch court for child support and maintenance from my friend through DNA test. My friend knows that she is a prostitute but the court and society dont know that she is prostitute as she is working secretly in brothel and will go back to her family home after accumulating some money.Please suggest..
Asked 3 years ago in Family Law
Religion: Hindu
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9 Answers
Dear sir, With due respect could you please provide a elaborative reply where my friend can live a tension free life. How strong will be this case ? Can court give order without getting primary evidences? My friend and the sex worker dont have any relation. That was only one night meet. Is it so simple that a sex worker come to a court and ask for child support and court give order for a DNA test? Because my friend dont know the sex worker and also they dont stay together like husband and wife. What type of proof she has to provide that my friend had a sex with her? Just because she knows the address, can simply be it granted by court for DNA test? Has she to submit the primary evidence like my friend was with her that night?
Asked 3 years ago
Such scenario, though remote is quite probable. Following are the possibilities…
- Such types of women, themselves take all precautions, they cannot afford to be conceived by one time customers.
- Though she indulges in sex for money, it is not possible to prove that she is commercial sex worker as in India, it is not legalized and no record is kept.
- Courts order DNA tests in rare cases. First she has to conclusively prove that he had sex with her which is very difficult for her as she cannot the create the circumstances of he having sex with him. Only when it is proved that she had intercourse with him Court will order DNA testing.
Your strong point is she has no means to prove that
The issue here is that prostitution got pregnant after having sex with your friend
2) if she decides to keep the child biological father is bound to maintain the child
3if friend denies that he is the biological father then court can direct father to u sethi DNA test
4) it is not necessary that both should be staying together
5) she can give evidence that both had sex after which prostitute got pregnant
No such things are given to prostitute as there is no relationship with her unlike commercial
1. At the outset, inspite of Aadhar Card copy in her possession, she can't produce the demonstrable evidence that your friend had spent the night with her.
2. Just because a woman has your friend's Aadhar Card copy, she may, at most blackmail your friend to extort money, threatening that she would expose his activities with her.
3. It's unlikely that she approaches your friend for child support and maintenance for her.
4. Being a prostitute, she might have collected copies of Aadhar card from many of her customers to blackmail them, if she finds them vulnerable.
5. Let your friend be free from worry as she may not have time to catch hold, in particular, your friend only, to claim child support and maintenance from only him.
She has to take following procedure for taking the matter to DNA test by Court…
- Prove that she knows you intimately appart from just you address.
- There circumstances for regular sex, one time sex is not sufficient ground for seeking DNA test.
- Her marital status is also in question. If she is married, there is no question of court proceeding and DNA testing.
- You are the only person with she had sex on regular basis.
- These are only a few difficulties she will encounter among other.
Prostitution in India is the oldest profession. It is a general misconception that prostitution in India is illegal, rather prostitution is legal but pimping, owning and managing a brothel is illegal. Mumbai, Delhi, and Kolkata are the major cities in India where brothels are operating illegally in large numbers. Prostitution in itself is neither illegal nor punishable under the act.
In the present scenario, private prostitution is not recognized as an offence. Thus a customer is not penalized and there is no provision under any statute to do the same.
As per law child is the responsibility of both parents and both are liable to maintain the child. so if child is born to a sex worker then firstly parentage is to be required to be confirmed and only then portion of maintenance can be claimed from men. illegal child too is entitled to maintenance.
However the prostitute has to prove that she was impregnated by your friend and a child was born due to their relationship that occurred on that eventful day, which may include DNA test too.
The burden lies on the claimant/prostitute if at all she is approaching court with a claim for maintenance of the illegitimate child begotten through that one time sexual relationship.
the prostitute has to prove that she was impregnated by your friend and a child was born due to their relationship that occurred on that eventful day, which may include DNA test too.
The proof should be a substantial one and not a vague one especially in the given circumstances that she is a sex worker.
She may have to approach court with proofs of the client for having visited her and impregnated her. The mere copy of the aadhar card in her possession will not entitle her to claim anything from her.
He can also give a complaint against her for the offences of extortion and threats to his life by her.
Dear client, i am sorry to hear that but in this case you can file a companint against her for fraud. Further you can seek permission for the DNA test and proceed further. Moreover if the child is of both the parents then in that law says that child is the responsibility of both parents and both are liable to maintain the child. so if child is born to a sex worker then firstly parentage is to be required to be confirmed and only then portion of maintenance can be claimed from men. illegal child too is entitled to maintenance.
