Appellate department will know who the father of the child?

The Appellate Division of the Supreme Court has ordered the DNA test of Professor Abdus Salam, a doctor at the National Orthopedics Rehabilitation Institute (Pungu) Hospital. At the same time, the Appellate Division ordered leave to appeal against the judgment of the High Court. As a result, there is no legal impediment to DNA testing of Abdus Salam.

According to the documents of the case, a woman was married to a man named Kamal Hossain in 2003. They had two children in their 13-year family life. Later she divorced her husband on September 26, 2016 due to family discord.

The woman is a nurse by profession. He got acquainted with Abdus Salam, a doctor at the Paralympic Hospital, through the opportunity of working in a private hospital in Dhaka. Based on that identity, the doctor called the woman to his quarters. Later, she was raped unconsciously by consuming narcotic substances with juice. After that, she was raped several times with the lure of marriage. As a result of the rape, the woman gave birth to a son on June 17, 2018. Even though the doctor repeatedly pressured her to get married before the birth of the child, she refused.

In this incident, the woman filed a case on November 9, 2020 at Dhaka’s Women and Child Torture Prevention Tribunal-2. The court accepted the statement of the plaintiff and directed the Police Bureau of Investigation (PBI) to investigate the case.

PBI investigating officer. After the investigation, Ashraful Islam gave the final report to the court recommending the release of the doctor. Against this report, the plaintiff appealed to the tribunal. At the same time, he applied for a DNA test to determine the paternity of the child. Judge Begum Mafroza Parveen of the tribunal accepted Naraji’s plea on March 15 last year and ordered Abdus Salam’s DNA test to determine the child’s paternity. At the same time the case was ordered to be re-investigated.

Kamal Hossain, the woman’s first husband, applied to recall the DNA test order of the tribunal. In that recall application, it is mentioned that he is the father of the third child.

Rejecting the recall application, the tribunal judge said, ‘Kamal Hossain is not a party to this case. His application was rejected. He went to the High Court against this order. A double bench of the High Court issued the order staying the DNA test as well. The ruling sought to know why the Tribunal’s order directing the DNA test should not be quashed. After the hearing, he accepted the ruling and canceled the order of the High Court Tribunal on August 23.

The Chamber Court of Appellate Division stayed for eight weeks the judgment given by the High Court canceling the DNA test order. In view of the woman’s application, Judge M. of the Appellate Division. Inayetur Rahim gave this order. At the same time, he ordered to file a leave to appeal against the judgment of the High Court.

Lawyers say there is no legal bar to DNA testing as a result of this order of the Appellate Division. CID can take necessary steps for DNA test.

(Dhakatimes/04 October/AA/FA)


Source: Dhakatimes24 Online by www.dhakatimes24.com.

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