PRIYANKA JANARDHAN PATIL Vs. JANARDHAN RAGHUNATH PATIL

JUDGEMENT

(1.) This special leave petition is against an order dtd. 29/11/2019 passed by the High Court of Judicature at Bombay dismissing the civil revisional application being Writ Petition No. 7776 of 2017. The relevant part of the impugned order is extracted hereinbelow :

(2.) The Family Court at Bandra, Mumbai had passed an order on 18/3/2017 directing :

(3.) Prima facie, it appears to this Court that the application of the respondent-husband for DNA Test of the child has been prompted by suspicion of the respondent-husband. Learned counsel appearing on behalf of the petitioner points out that the petitioner and the respondent got married on 5/2/2014 and the marriage was consummated on 9/2/2014. She became pregnant. On 27-28/6/2014, the petitioner underwent medical tests in Singapore after which the doctor opined that the foetus carried by the petitioner was about 21 weeks old. The time gap between 9/2/2014 and 2728.06.2014 is about 20 weeks, whereas the doctor opined that the foetus was about 21 weeks old. The difference, if any, is only of one week. The opinion is based on estimation which can never be absolutely accurate. The child was born on 28/10/2014 after 261 days, i.e., after almost 9 months from 9/2/2014. In other words, the child was born about 17 days earlier. There was no reason to presume that the petitioner was pregnant when she married the respondent.